GANGARAM, LATE KIRTAN SAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These two criminal appeals have been preferred against the judgment of conviction and order of sentence dtd. 25/8/2015 passed by the 5th Additional Session Judge, District-Bilaspur, Chhattisgarh in Sessions Trial No.313/2001 convicting the accused/appellants for commission of offence under Ss. 302 r/w Sec. 34 and 307 r/w Sec. 34 of the Indian Penal Code (for short 'the IPC') and sentencing them to undergo life imprisonment with fine of Rs.1,000.00, RI for 7 years with fine of Rs.500.00 respectively with default stipulations.

(2.) The prosecution case, in brief, is this that on 6/6/2001 the appellants in both the cases had quarreled and manhandeled with Ratna Mahana (PW-2) who is sister of Lalit Mahana (PW-1), on the morning on 6/6/2001. Ratna Mahana (PW-2) informed about this incident to her elder brother Raghuveer and then went to the Mahila Thana to lodge a report. On the evening of the same day, the complainant Lalit Mahana (PW-1) along with Sanyasi (deceased) went to the house of the appellants and were standing in front of the house, they were giving advise to the appellants to not to interfere in the life of their sister Ratna. The appellants then argued with the complainant and deceased Sanyasi, then manhandled them. During this manhandling, appellant Santosh Sao, who was carrying a knife stabbed Sanyasi on his back. Lalit Mahana (PW-1) attempted to intervene who was also injured with knife by appellant Santosh Sao. The other appellants assaulted the complainant with hands and fists. FIR (Ex.-P/1) was lodged by Lalit Mahana (PW-1), who informed police that his brother Sanyasi was alive and lying injured on the spot. The police got Sanyasi admitted in hospital, who died later on. The police conducted the inquest procedure. Body of deceased was subjected to postmortem examination. Dr. G.L. Arora (PW-12) has opined vide his report Ex.-P/16 that the death of the deceased Sanyasi was homicidal. The police has conducted the investigation in which blood stained cloth were seized from Ratna Mahana (PW-2) vide Ex.-P/5. Spot map was prepared vide Ex.-P/6. Appellant Santosh Sao was apprehended and interrogated by the police, who made a statement of discovery regarding the knife which he had concealed vide memorandum Ex.-P/10. At the instance of appellant Santosh Sao, the knife was recovered and seized vide Ex.-P/11. The seized knife was examined by Dr. Lakhan Singh (PW-10) who vide his report Ex.-P/13 had opined that this weapon could have been used to cause injury to Sanyasi and Lalit Mahana. Blood stained shirt of appellant Santosh Sao was seized vide Ex.-P/18. A wooden club was seized from appellant Gangaram Vide Ex.-P/19. A blood stained shirt was also seized from appellant Gangaram vide Ex.-P/20. A wooden club was seized from appellant Savita Sao vide Ex.-P/21 and a blood stained Chuneri and Kurta were also seized from appellant Savita Sao vide Ex.-P/22. A Saree having blood stains was seized from appellant Ram Bai vide Ex.-P/23. The cloths of the deceased which were preserved by the doctor conducting autopsy was seized vide Ex.-P/24. The appellants were formally arrested. All the seized articles were sent for FSL examination. Vide report Ex.-P/33, presence of blood was found on the knife, cloths and other articles. The statement of witnesses were recorded under Sec. 161 of CrPC. After completion of investigation, charge-sheet was filed before the Court.

(3.) After the committal procedure, the learned Sessions Judge took cognizance in the case and charged the appellants under Sec. 307 and 302 of IPC. The prosecution examined 13 witnesses. On completion of the prosecution evidence, the appellants/accused persons were examined under Sec. 313 Cr.P.C., in which they denied all the incriminating evidence present against them. No witness was examined in defence. After giving opportunity of hearing to the prosecution and defence, the learned Sessions Judge delivered the judgment dtd. 5/7/2003 acquitting the appellants from all the charges against them. Complainant Lalit Mahana PW-1 filed a Criminal Revision No.358/2003 before this Court which was decided by order dtd. 27/1/2015. The revision petition was allowed. Case was remanded to the trial Court with direction to make reappreciation of the evidence and grant further opportunity of hearing to the parties before deciding the case afresh. The learned trial Court granted additional opportunity of hearing in which Lalit Mahana (PW-1), Ratna (PW-2) were recross-examined. Dr. Lakhan Singh (PW-10) and Inspector V.K Mishra (PW-13) were also recross-examined. One witness Smt. Savita (DW-1) was examined in defence. The learned trial Court has after giving opportunity of hearing to the prosecution and defence passed the impugned judgment in which all the appellants stand convicted and sentenced as mentioned hereinabove.