SANKAR JANGDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Both these appeals have been preferred against the judgment dtd. 31/7/2018 delivered by the Additional Sessions Judge, Mungeli in Sessions Case No. 21/2015 convicting the appellants in both the cases for commission of offences under Ss. 147, 148, 294, 307 read with Sec. 149 and Sec. 302 read with Sec. 149 of I.P.C. sentencing them with R.I. for 01 year, 01 year, 01 month, 10 years with fine of Rs.500.00 and life imprisonment with fine of Rs.500.00 respectively.

(2.) The facts of the prosecution case in brief are these that on 2/2/2015 at about 09:00 A.M., the complainant Santosh Jangde (P.W.-4) had quarreled with appellant Pradeep Kumar. The appellants Pradeep Kumar along with appellant Andeep Kumar Jangde, Kandeep Kumar Jangde and Maan Singh Jangde thrashed the complainant on the spot. The complainant Santosh Jangde (P.W.-4) informed about this incident to his uncle Uttara and brother Hemant Jangde, who then went to the house of appellant Sankar between 10:30 to 11:00 P.M., when the appellant Sankar and the other appellants formed an unlawful assembly, used abusive words, assaulted the complainant and others with clubs and tabbal. Uttara Jangde received fatal injuries on his body and the injured victim Hemant Kumar (P.W.-5) and others also suffered injuries on his head and limbs. Complainant-Santosh Jangde (P.W.-4) lodged F.I.R. in Police Station-Mungeli. The offences under Sec. 147, 148, 149, 302, 307 and 294 of I.P.C. were registered. The deceased Uttara Jangde had died on the spot. One Dehati morgue intimation Ex. P/3 on 3/2/2015 was registered and inquest procedure was conducted. Dr. G.B. Singh (P.W.-8) examined the dead body of the deceased-Uttara Jangde and vide postmortem report Ex. P/20, he has opined that the cause of the death of the deceased was excessive bleeding from the various injuries found on his body. The other injured namely Hemant, Santosh Kumar, Rohit Jangde, Chetu @ Omprakash were also examined by Dr. Kamlesh Kumar (P.W.-11) which has been reported in the respective M.L.C. reports. Rest of the investigation procedure was conducted, completed and charge-sheet was filed.

(3.) The learned trial Court framed charges under Ss. 147, 148, 294, 307 read with Sec. 149 and Sec. 302 read with Sec. 149 of I.P.C. The appellants/accused persons denied the charges and pleaded not guilty. The prosecution examined in total 12 witnesses. The appellants/accused persons were examined by the Court under Sec. 313 of Cr.P.C. The appellants denied all the incriminating evidence against them again pleaded not guilty and false implication. Opportunity was sought for producing witness in defence but no witness was examined in defence. The learned trial Court after giving the opportunity of hearing to the State and to the appellants has passed the impugned judgment, convicting and sentencing the appellants as mentioned here-in-above.