MEHTTAR RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 25-2-2005 passed by the 5th Additional Sessions Judge, Bilaspur in Sessions Trial No. 368/2004, whereby and whereunder learned Additional Sessions Judge after holding the Appellants guilty for commission of culpable homicide amounting to murder of Sawat Ram in sharing common intention and causing simple injury to Urmila and Parmeshwari in sharing common intention, convicted the Appellants under Sections 302 read with Sections 34 and 323 read with Section 34 of the IPC and sentenced each of them to undergo imprisonment for life and pay fine of Rs. 500/-, in default of payment of fine to further undergo RI for three months and to undergo RI for three months, respectively.

(2.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the Appellants, and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful night of 18-6-2004 at about 8.30 p.m. Sawat Ram (since deceased) after consuming liquor was abusing his wife and children, the Appellants herein, who are neighbours of Sawat Ram, came to the house of Sawat Ram, Appellant Mehttar Ram was holding stick and Appellant Shivprasad was holding betel axe, they dragged Sawat Ram from his house towards lane, assaulted him by stick and betel axe and caused his instantaneous death. Urmila (P.W. 1)-wife of Sawat Ram and Parmeshwari (P.W. 2)-daughter of Sawat Ram were present in the house and they have witnessed the incident. Within four hours of the incident. Urmila (P.W. 1) went to the police station and lodged FIR vide Ex. P-1 and merg intimation vide Ex. P-2. The Investigating Officer left for the scene of occurrence and after summoning the witnesses, prepared inquest over the dead body of Sawat Ram. vide Ex. P-3. Injured Parmeshwari was sent for medical examination vide Ex.P-14C and she was examined by Dr. Anil Shrivastava (P.W. 6). vide Ex. P-14, who found one lacerated wound over forehead. Urmila was also examined by Dr. Anil Shrivastava (P.W. 6) vide Ex. P-15 and three injuries were found on her body. Dead body of Sawat Ram was sent for autopsy to Primary Health Centre, Ratanpur vide Ex.P-13C. Dr. Anil Shrivastava (P.W. 6) conducted autopsy vide Ex. P-13 and following injuries were found: