ASHOK CHOUHAN Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 13 -09 -2005 passed by Sessions Judge, Raigarh in Sessions Trial No.72/2004. By the impugned judgment, accused persons/appellants Ashok Chouhan and Bhawani Chouhan have been convicted and sentenced in the following manner with a direction to run the sentences concurrently: - <IMG>JUDGEMENT_469_CGLJ2_2013.jpg</IMG>

(2.) CASE of the prosecution, in brief, is as under: Manager @ Maniram (PW -1) was residing along with his wife Chamelibai (PW -7), son Kaneshwar(deceased),Guddu (PW -2) and other family members behind Raigarh Jail. Appellant Ashok Chouhan was neighbourer of Manager @ Maniram (PW -1). There was old enmity between the family members of Manager @ Maniram (PW -1) and appellant Ashok Chouhan and a case was also pending in a Court. On 05 -03 -2004, Ramdular and appellant Bhawani Chouhan made statements against Manager @ Maniram (PW -1) in the Court. On this account, deceased Kaneshwar had abused the appellants. On 07 -03 -2004, at about 1:30 am, the appellants threw stones on the house of Manager @ Maniram (PW -1). Manager @ Maniram (PW -1) and his son Guddu (PW -2) came out of the house. As soon as they came out of the house, the appellants assaulted them with Lathi and Tangi (axe). Appellant Ashok Chouhan was armed with Tangi and appellant Bhawani Chouhan was armed with Lathi. They assaulted deceased Kaneshwar with the Tangi and Lathi. The deceased succumbed to the injuries on the spot. Manager @ Maniram (PW -1) and Guddu(PW -2) also sustained injuries. The incident was witnessed by Chamelibai (PW - - 7), Rambhabai (PW -8) and Sarita (PW -3). Manager @ Maniram (PW -1) lodged First Information Report (Ex.P -1) in Police Station Kotwali, Raigarh where Crime No. 152/2004 for offence under Section 302/34 was registered against the appellants. Merg - intimation(Ex.P -21) was also recorded. Manager @ Maniram (PW -1) and Guddu (PW -2) were sent to Kirodimal Government Hospital, Raigarh for medical examination. Dr. Anil Kumar Kushwaha (PW -10) examined injured Guddu (PW -2) and gave his report (Ex.P -15) in which he found -

(3.) SMT . Madhunisha Singh, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the leaned Sessions Judge do not warrant any interference by this Court.