SUNDAR LAL Vs. STATE OF C G

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 22.7.2003 passed in Sessions Trial No.477/2002 whereby learned Additional Sessions Judge, Sakti, District Bilaspur, after holding the appellants guilty for committing murder of Vishram, convicted them under Section 302 read with Section 34 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.1,000 each, in default of payment of fine to undergo further RI for three months.

(2.) The prosecution started on the basis of report (Ex.PIO) lodged by injured Vishram in Police Station Dabhara on 2.11.2002 at 8.20 p.m., who died after sometime on the same day. Initially the case was registered under Sections 341,294, 323 and 506 read with Section 34 of the IPC and subsequently after death of deceased Section 302 of the IPC was added. It was alleged in the report that when the deceased Vishram was returning to his house from his field by a bicycle and reached near Bandhai Tank at about 6.00 p.m., appellant Sunder Lal pushed him down on the ground, all the accused persons caught his arms and legs and appellant Sunderlal assaulted on his right hand above the elbow with a lathi and appellant Prabhulal assaulted on his waist with a lathi as a result of which he became unconscious. When he regained consciousness, he screamed for help but nobody came there and anyhow he proceeded to his house. On the way he stayed in the house of one Manohar Yadav who sent information about the incident to the relatives of the deceased. Thereafter the family members of the deceased Vishram came there, took him to their house and thereafter his son Netram Rathore (PW2) took his injured father Vishram by motorcycle to Police Station Dabhara where injured Vishram lodged first information report and while he was being taken by his son Netram Rathore to hospital at Kharsia on motorcycle, on the way injured Vishram died.

(3.) The information about the death of injured Vishram was given to the Police Station on the basis of which merg intimation Ex.P1 was recorded and offence under Section 302 read with Section 34 of the IPC was registered against the appellants. After summoning the witnesses vide Ex.P2 inquest over the dead body of the deceased was prepared vide Ex.P3 and the dead body was sent for autopsy to Community Health Centre, Dabhara vide Ex.P22 where Doctor G.L. Miri (PW11) conducted postmortem vide Ex.P23 and found the following injuries: