RAMLAL BABA TIGGA Vs. STATE OF C G

JUDGEMENT

(1.) APPELLANTS stand convicted under Section 148, 302/149 of the I.P.C. and sentenced to R.I. for two years under Section 148 of the I.PC, life imprisonment with fine of Rs. 500/- each under Section 302/149 of the I.RC. and in default to undergo R.I. for 6 months each for commission of culpable homicide amounting to double murder of Chheetabai and Nanhibai. This apart, accused Ramlal and Dakhalsai were also convicted under Section 323 of the I.P.C. and sentenced to R.I, for three months. The judgment of conviction and order of sentenced was passed on 11.10.2004 by 2nd Additional Sessions Judge in Sessions Trial No. 52/2004.

(2.) AS per the case of prosecution, on fateful day of 8.1.2004 at about 10.00 a.m. Galsai took his buffaloes for grazing towards field situated in front of his house, on way, Appellant Shivram met him and started quarrel on the ground of being permitted his buffaloes for grazing in the Pigeon Pea field belonged to Shivram. On hearing quarrelling voice of Shivram, his family members i.e. co-accused Sahdeo, Ramlal, Shivnath, Dakhalsai, Poulus, Kristopher, Jagannath, Karan, Tilak Pitambar and Shivcharan came: to the spot holding with stick, small axe, sword, a pellet bow and an axe and chased Galsai, who ran away and went inside his house and informed his brother Balsai about this. Thereafter, all the aforesaid persons reached to the open space of the house along with weapons, as mentioned above, and then they called them out loudly. Appellant Ramlal assaulted Balsai with stones. All the aforesaid persons encircled the house of Galsai upto 4.00 p.m. and at 4.00 p.m. Nanhibai, mother of Galsai, tried to intercept but the accused persons assaulted her with small axe from her rear side, seeing this, his wife Chheetabai also tried to intercept and she was also assaulted by them severely. Dakhalsai also assaulted Galsai with pellet bow. Due to severe assault made by the above persons, Nanhibai and Chhetabai died instantaneously. On the next day i.e. 9.1.2004 Galsai went to police station Dharamjaigarh and lodged Dehati Nalishi vide Ex.P.1. On the basis of which, F.I.R. was lodged vide Ex.P.39. Investigating Officer left for scene of occurrence and after summoning the witnesses vide Ex.P.2 and Ex.P.3, inquest over the dead bodies of Nanhibai and Chheetabai was prepared vide Ex.P4 and Ex.P.5. Merg intimations were recorded vide Ex.P.45 and Ex.P.46. Spot map was prepared vide Ex.P.6. Cloths of the deceased persons were seized vide Ex.P.7. Bloodstained and plain soils were seized vide Ex.P.24 and Ex.P.25. Vide Ex.P.8 and Ex.P.27 to Ex.P.33, accused persons were taken into custody, they made disclosure statements and at the instance of Ramlal, lathi was recovered vide Ex.P.9, at the instance of Sahdeoram, small axe was recovered vide Ex.P.10, at the instance of Shivnath, axe was recovered vide Ex.P.11, at the instance of Poulusram, sword was recovered vide Ex.P.12, at: the instance of Shivram, stick was recovered vide Ex.P.13, at the instance of Dakhalsay, small axe and pellet bow were recovered vide Ex.P. 14, at the instance of Kristopher, small axe was recovered vide Ex.P. 15 and lastly at the instance of Appellant Laxmiprasad, lathi was recovered vide Ex.P.16. Blood stains were found to contain on all the weapons. Dead bodies of Nanhibai and Chhetabai were sent for autopsy to Civil Hospital, Dharamjaigarh vide Ex.P.34-A and Ex.P.35-A. Dr. Balram Savariya P.W.8 conducted autopsy vide Ex.P.34 and Ex.P.35 and found following injuries on the dead body of Nanhibai vide Ex.P.34. 1. Contusion with lacerated wound of 31/2 cm. x 11/2 cm. x bone deep over left side of face with the fracture of maxilla and orbital bones and under this wound blood clot was found obliquely in the area of brain. There was fracture of orbital bone along with meningies. 2. Lacerated wound of 61/2 cm. x 21/2 cm. x bone deep with fracture of left parietal bone. This wound was found on the scalp bone. Both the above injuries were ante-mortem in nature. Mode of death was coma, as a result of injuries on scalp, skull bones. Brain matter come out. Death was homicidal in nature. Dr. Balram Savariya P.W.8 also conducted autopsy on the dead body of Chhetabai vide Ex.P.35 and found the following injuries:

(3.) DURING the pendency of appeal, Appellant No. 8 Laxmi Prasad alias Shiv Charan uraon has expired on 28.12.2009 during treatment at CIMS. Therefore, the appeal, in so far as it relates to Appellant Laxmi Prasad, is dismissed as abated on account of his death.