LOKNATH ALIAS LOKU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 21-6-2007 passed in Sessions Trial No.17 of 2005 whereby learned 4th Additional Sessions Judge, Durg, after holding the appellants guilty for formation of unlawful assembly being armed with deadly weapons and in prosecution of the common object committing murder of Ashok and caused injuries to Devendra and Heeralal, convicted them under Sections 302, 148 & 149/324 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.2000/- each, in default of payment of fine to further undergo RI for six months, R.I. for one year and RI for one year respectively. All the sentences are directed to run concurrently,

(2.) THE prosecution story, in brief, is that prior to the incident wife of Ashok (since deceased) fell ill and she was not being cured despite the treatment due to which Ashok had suspicion that witchcraft was being played by the wife and daughter-in-law of appellant No.1 Loknath for which a meeting was convened in the village wherein a fine of Rs. 2500/- was imposed on Loknath but the wife of Ashok did not recover from her illness. THE aforesaid fact was the genesis of the enmity between the parties due to which Loknath called Ashok near his house and in sharing common intention with the other appellants assaulted him with lathis and clubs on 16-12-2004, as a result of which Ashok died on the spot. THE matter was intervened by Devendra and Heeralal who were also assaulted by the appellants due to which they sustained injuries.

(3.) INJURED Devendra and Heeralal were also examined by Dr. J.P. Meshram (PW/11) who found one lacerated wound of 8cm x 1 cm x 2 cm on right middle finger and contusion in the size of 4 x cm on left shoulder of Devendra and one lacerated wound of 4cm x 2cm skin deep at left parietal region, lacerated would of 3cm x 2cm skin deep at occipital region, contusion of 4 cm x 1 cm at right elbow, contusion of 2 cm x 1 cm over left wrist and contusion of 3 cm x 1 cm over left buttock of Heeralal. Both the doctors opined that the injuries sustained by the deceased and the injured would have been caused by hard and blunt object.