PARDESI RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dated 07.11.2002 passed by the learned Ist Additional Sessions Judge, Raipur (C.G.), in S.T. No. 419/2000 whereby, the learned Ist Additional Sessions Judge has convicted and sentenced the appellants as under :-

(2.) Brief facts of the case are that on 03.09.2000 at about 09:30 O'clock Dehati Nalshi was lodged by Hulasram (since deceased) at police station Dharsiwa alleging that he resides in village Mohandi and was a teacher in high school, Mandhar. It is alleged that on 03.09.2000 at about 08:00 pm, when he was going to market square from his house, on the way, the villagers Pardeshi Lodhi, Motiram Yadav and Munna Sahu stopped him and asked as to why he was forcing the children for the bad work and assaulted him with kicks and fists and were attempting to kill him. It is stated that some more villagers also involved in the assault. However, when the police came there and Hulasram was taken to hospital at Dharsiwa. Where Hulasram was medically examined and from where he was referred to Medical College Hospital, Raipur. Dying declaration of Hulasram Ex. P/3 was recorded. FIR Ex. P/18 was registered and body was sent for postmortem examination. Panchnama was prepared. After investigation, charge-sheet was filed and charges were framed under Sections 302, 341/34 of IPC.

(3.) So as to hold the accused/appellants guilty, the prosecution has examined as many as 15 witnesses. Statement of the accused/appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the circumstances appearing against them and pleaded their innocence and false implication in the case.