PURUSHOTTAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dtd. 05/09/2014 passed by the Additional Sessions Judge, (FTC) District - Mahasamund, (C.G.) in Sessions Trial No.20/2014 wherein appellants are convicted and sentenced as under :-

(2.) According to the prosecution case, on 20/12/2013, at about 3:00 P.M., deceased Yogesh Chandrakar came along with Kuber Chandrakar (PW-1) to the house of the appellants for demanding the amount borrowed by the appellants which was amounting to Rs.45,000.00 . The deceased entered the house of the appellants while complainant Kuber Chandrakar (PW-1) was waiting outside. After 15 minutes, the deceased came running from the house of the appellants exclaiming bachao! bachao! who had one injury on his head. The appellants followed the deceased armed with clubs and assaulted him again causing him various injuries all over the body. The deceased became semi unconscious. The complainant Kuber Chandrakar (PW-1) in an attempt to rescue the deceased from the appellants, during which he was also assaulted and suffered injury on his elbow on his left hand. He took the deceased on motorcycle and admitted him in a Government Hospital, Baghbahara, where he was given preliminary treatment and then he was referred to a hospital in Raipur where the deceased was admitted. The deceased expired on 22/12/2013. Merg intimation was lodged by Kuber Chandrakar (PW-1). He also lodged Dehati Nalishi (Ex.P-1) with the police personnel from police station, Baghbahara. Subsequent to the death of the deceased, the merg intimation (Ex.P-30) was lodged in the police station, Baghbahara. First Information Report (Ex.P-31) was lodged on the information given by Kuber Chandrakar (PW-1). The police has investigated the case and charge-sheeted the appellants of the commission of offences under Ss. 294, 506, 302, 323 read with Section 34 of the Indian Penal Code.

(3.) The learned trial Court framed the charges against the appellants under Ss. 294, 506, 302, 323 read with Section 34 of the Indian Penal Code. The appellants pleaded not guilty. The trial was conducted in which the prosecution has examined 17 witnesses. On conclusion of prosecution evidence, the appellants were examined under Section 313 of the Cr.P.C. No defence witness was examined. The trial Court after hearing the arguments has passed the impugned judgment convicting and sentencing the appellants in the offences mentioned herein above.