BODHAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 28-4-2007 passed by the 7th Additional Sessions Judge, Raipur in Sessions Trial No. 397/2006, whereby and where under learned Additional Sessions Judge after holding the Appellants guilty for formation of unlawful assembly having its common object to commit murder of Nand kumar Yadav, convicted the Appellants under Sections 147 and 302 read with Section 149 of the Indian Penal Code and sentenced them to undergo RI for six months and to undergo imprisonment for life and pay fine of Rs. 500/- each, in default of payment of fine to further 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 day of 7-7-2006 at about 7 a.m. Nand kumar Yadav (since deceased) was ploughing his field, on account of enmity relating to land, Appellants Bodhan, Satyanarayan and Ghasi Ram came to the field, Appellant Bodhan was holding cricket bat, Appellants Satyanarayan and Ghasi Ram were holding stick, they opposed the act of Nand kumar, thereafter, Appellant Bodhan assaulted Nand kumar upon his head by cricket bat as a result of which blood came out, thereafter, Appellant Satyanarayan caught hold of Nandkumar and Appellant Bodhan again assaulted him upon his right leg and right wrist by bat, some how Nandkumar rescued himself from the Appellants and ran away. The aforesaid three Appellants chased Nandkumar up to the field of Kartik Ram where Appellants Bodhan and Ghasiram again assaulted Nandkumar over his head on which Nandkumar fell down, thereafter Bodhan snatched axe from Vishnu Yadav (PW-10) who was also present on the spot. At the same time, remaining Appellants Bhuneshwar, Krishna, Harish and Chunuram came with stick and in furtherance of common object of unlawful assembly, they assaulted Nandkumar by stick, bat and axe and caused his death. Immediately, Vishnu Yadav (PW-10) went to Police Station Gevra Nawapara and lodged merg vide Ex.P-43 and FIR vide Ex.P-44. The Investigating Officer left for the scene of occurrence and after summoning the witnesses vide Ex.P-2, prepared inquest over the dead body of the deceased vide Ex.P-3. Dead body was sent for autopsy to Assistant Surgeon, Nawapara, Rajim. Dr. S.K. Tiwari (PW-13) conducted autopsy vide Ex.P-48 and found following injuries: