BRIJMOHAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 31.10.2003 passed by the Additional Sessions judge, Sakti, in Sessions Trial No. 406/2002, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for formation of unlawful assembly armed with deadly weapons having its common object to cause homicidal death amounting to murder of Gangaprasad and simple injuries to Baratram, Mehattar Ram and Ramkumar in furtherance of common object of unlawful assembly convicted them under Sections 302 read with Section 149 of the I.P.C., 148 read with Section 149 of the I.P.C. and 323 read with Section 149 of the I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for one month. R.I. for one year. R.I. for one month, R.I. for one month and R.I. for one month. Conviction is impugned on the ground that without there being any iota of evidence, especially relating to formation of unlawful assembly for commission of offence, the trial Court has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(2.) Counter case in ST. No. 160/2003 has been registered and tried against the complainant namely Ramkumar, Mahettarram, Reshamlal and Baratram and they have been convicted and sentenced for the offence punishable under Sections 323/149, 325/149 and 148/149 of the I.P.C. Appeal filed against the aforesaid judgment has been disposed of by this Court today itself (11.7.2011) in Criminal Appeal No. 1229 of 2003.

(3.) As per case of the prosecution, on 22.6.2002 at about 11 p.m. complainant Ramkumar (PW-3) was chiding to his sons, the appellants whose house is situated in front of complainant's house thought that complainant Ramkumar has chided them, they opposed and came out with axe and sticks from their house, complainant party also came out from the house, then the appellants assaulted by axe and sticks to Gangaprasad and caused instantaneously death of Gangaprasad and also caused simple injury to complainant Baratram, Mehattarram and Ramkumar. Complainant party took Gangaprasad to Civil Hospital, he was dead. The doctor intimated the police relating to brining dead body of Gangaprasad. Merg was recorded vide Ex. P/3. Ramkumar Satnami (PW-3) lodged dehati nalishi vide Ex. P/5. Spot map was prepared by investigating officer vide Ex. P/6. After summoning the witnesses vide Ex. P/8 inquest over dead body of deceased Gangaprasad was prepared vide Ex. P/9. Bloodstained soil and plain soil were recovered from the spot vide Ex. P/10. Final F.I.R. was lodged vide Ex. P/21. Dead body of deceased Gangaprasad was sent for autopsy to Community Health Centre, Kharsiya vide Ex. P/23 where Dr. Rajesh Kumar Singh (PW-14) conducted autopsy vide Ex. P/24 and found following injuries:--