GHANSHYAM VERMA Vs. STATE OF C.G

JUDGEMENT

(1.) These appeals have been directed against judgment and order dated 11th April, 2008 passed by the Session Judge, Durg in Session Trial No. 266/2006, whereby the appellants have been convicted and sentenced in the following manner with a further direction to run the sentences concurrently :

(2.) The learned Session Judge framed charges under Section 147, 148, 294, 323 read with Section 149 IPC, Section 324 read with Section 149 IPC, 307 read with Section 149 IPC and 302 read with Section 149 IPC against the appellants. In addition, charges under Sections 25 and 27 of the Arms Act were also framed against appellants Ishwari Banwasi and Shankarlal Chhedaiya. The appellants abjured the guilt.

(3.) In its support, the prosecution examined Upendra Verma (PW-1), who lodged the FIR (Ex.P-1), Kuldeep Nirmal (PW-2) (injured eye-witness), Devendra Verma (PW-3) (injured eye-witness), Domendra Verma (PW-4) (witness of memorandum and seizure), Pankaj Patel (PW-5) (witness of memorandum and seizure), Patwari Lala Ram Sinha (PW-6), Dr. S.K. Sahu (PW-7), who examined injured witnesses, Tahsildar/Executive Magistrate Pulak Bhattacharya (PW-8), who recorded dying declaration of Kuldeep Nirmal (PW-2) vide Ex.P-4 and another dying declaration of Lukesh Kumar Verma (PW-13) vide Ex.P-28, Head Constable Someshwar Nath Yogi (PW-9), Constable Uttam Soni (PW-10), Dr. Praveen Kumar (PW-11), Sunil Kumar Sen (PW-12) (eye-witness), Lukesh Kumar Verma (PW-13) (injured witness), Rajesh Verma (PW-14), Constable Hemlal (PW-15), Sanju Verma (PW-16) (eyewitness), Dr. R.P. Singh (PW-17), who examined Kuldeep Nirmal (PW-2), Dr. Rajeev Pal (PW-18), who also examined Kuldeep Nirmal (PW-2), Devendra Kumar Sapaha (PW-19) (injured witness), Ramesh Verma (PW-20) (eyewitness), Constable Biharilal (PW-21), Sunil Kumar Verma (PW-22) (eyewitness), Santosh Verma (PW-23) (eyewitness), R.K. Shrivastava (PW-24), Radheshyam Yadav (PW-25), Smt. Nilima Tirkey (PW-26), Inspector Prakash Soni (PW-27), Dr. A.K. Soni (PW-28), who conducted post mortem examination of the deceased, Assistant Sub-Inspector K.C. Das (PW-29), who prepared inquest, Assistant Sub-Inspector Ram Sunder Tripathi (PW-30) (Investigating Officer). In their defence, the appellants examined Ishwar Kumar Sinha (DW-1) and Sarju Markam (DW-2).