MANHARAN 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 11-8- 2005 passed in Sessions Trial No.28/2004 whereby learned Additional Sessions Judge, Bemetara, District Durg, after holding the appellants guilty for committing murder of Murari and also causing injuries to Dwarika, Baisakhin Bai, Shankar and Dhaneswari, has convicted them under Sections 302, 326 & 324 read with Section 34 of the IPC and sentenced them to undergo imprisonment for life and fine of Rs.1000/- each, in default of payment of fine to further undergo RI for 3 months, RI for ten years and fine of Rs.1000/- each, in default of payment of fine to further undergo RI for 3 months and RI for two years respectively. All the sentences are directed to run concurrently.

(2.) The prosecution started on the basis of First Information Report (Ex.P/1) lodged by Dwarika (PW/1) in Police Station Khamharia on 10-12-2003 at 4.00 p.m., wherein it was alleged that when the complainant party was removing the earth put by the accused persons on the way being used by the complainant party to go to their field, the accused/appellants Manharan and Punaram attacked the deceased and the complainant party with axe whereas accused/appellants Kisun and Bhukhau attacked Murari with clubs as a result of which deceased Murari sustained six injuries and his skull bone was fractured. In the same incident complainants Dwarika (PW/1), Dhaneshwari Bai (PW/2) wife of the deceased, Baisakhin (PW/3) and PW/5 Shankar also sustained injuries. All the injured were sent for medical examination to Government Hospital, Khamharia where Doctor Sarita Minj (PW/16) examined Shankar (PW/5) vide Ex.P/35, Baisakhin Bai (PW/3) vide Ex.P/36, Dwarika (PW/1) vide Ex.P/37 and Murari (since deceased) vide Ex.P/38. Thereafter, the injured were referred to District Hospital, Durg from where injured Murari was shifted to Sector 9 Hospital at Bhilainagar for further treatment. Injured Murari was examined by Dr. Sarita Minj (PW/16) vide Ex.P/38 who found the injuries; i) lacerated wound 6cm x 1.5 cm x 1.5 cm at right parietal bone obliquely; ii) lacerated wound 2 cm x 1cm x1cm bone deep 1cm below injury No.1; iii) contusion 8 cm x 5cm over right zygometic bone ; iv) lacerated wound 1cm x 1cm x 1cm above injury No.3 and v) abrasion over left maxillary bone 3 cm x 2 cm. During the course of treatment injured Murari died and intimation thereof was sent to concerned Police Station. Initially the case was registered under Sections 294 and 307 read with Section 34 of the IPC on the basis of FIR (Ex.P/1) and subsequently after the death of Murari, offence under Section 302 read with Section 34 of the IPC was added. Dead body of deceased Murari was sent for autopsy to Government Hospital, Durg where Doctor S.P. Kesharwani (PW/15) conducted autopsy vide Ex. P/31 and found the external injuries; i) there was defuse swelling over right half of the face having contusion of bluish colour over right upper and lower lids; ii) there was clot and bleeding from the right ear; iii) stitched wound having seven stitches in the size of 5 cm over right temporal region of skull; iv) stitched wound over right temporal region of face having two stitches in the size of 2 cm; all the injuries were ante- mortem in nature and in internal examination he found the injuries; i) linear fracture at middle of skull from right parietal region to left parietal region; ii) huge blood clot present throughout beneath the skull; iii) diffused extradural, subdural and subarachmid hematoma iv) diffused and huge intra cerebral haematoma and v) laceration of brain over right hemisphere. The Doctor opined that mode of death was coma and cause of death was ante-mortem head injuries.

(3.) On the basis of Ex.P/26, merg 0/03 was registered in Police Station Bhilainagar vide Ex.P/27 and same was forwarded to the concerned Police Station Khamharia where original merg intimation was registered vide Ex.P/28. Investigating Officer (PW/17) prepared spot map vide Ex.P/3 and Patwari Shankar Prasad Tiwari (PW/12) also prepared spot map vide Ex.P/4. Blood stained earth and plain earth were seized from the spot vide Ex.P/2. During course of investigation, accused/appellants were taken into custody who made discloser statements on the basis of which one blood stained axe was seized from accused/appellant Punaram vide Ex.P/5, another blood stained axe was seized from accused/appellant Manharan vide Ex.P/14, one lathi was seized from accused/appellant Kisun vide Ex.P/15 and one lathi was seized from accused/appellant Bhukhau vide Ex.P/10. Wearing apparels of Baisakhin Bai were seized vide Ex.P/11, wearing apparels of Dwarika were seized vide Ex.P/12, wearing apparels of Shankar were seized vide Ex.P/13. Seized articles were sent for chemical examination to FSL, Raipur and report thereof has been received vide Ex.P/51 wherein it is stated that presence of blood was found on all the seized articles except the plain earth.