SUKHDAS MARKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellants herein (three in number) under Sec. 374(2) of the CrPC is directed against the judgment of conviction recorded for ofence punishable under Sec. 302 read with Sec. 34 of the IPC and sentence awarded to them under Sec. 302 read with Sec. 34 of the IPC i.e. imprisonment for life and fne of ^500/- each, in default of payment of fne, to further undergo rigorous imprisonment for two months by the Additional Sessions Judge, Kondagaon, District Kondagaon by the impugned judgment dtd. 26/10/2016 in Sessions Trial No.68 of 2013.

(2.) The facts giving rise to this appeal are that Smt. Sugantin Bai, sister of appellants herein died on 24/5/2013 at about 10.00 am at village Titna Sadak para, PS Makidi, District Kondagaon. Further case of the prosecution is that the appellants herein after having received the information of death of their sister namely Sugantin Bai reached to the house of Sugantin Bai armed with lathis and assaulted Vishwanath Batti (deceased) with hands and fsts and also by lathis as a result of which he succumbed to the injuries and died, thereby they committed murder of Vishwanath Batti and thereafter the ofence under Sec. 302 read with Sec. 34 of IPC was registered against them.

(3.) Further case of the prosecution is that on 24/5/2013 at Police Station Makidi, PW/1 Premlal Batti, father of the deceased lodged merg intimation vide Ex.P/17 and thereafter FIR (Ex.P/18) was lodged on the same day by PW/1 Premlal Batti on the basis of which ofence under Sec. 302 read with Sec. 34 of IPC was registered against the appellants herein and thereafter inquest vide Ex. P/7 was conducted on the body of the deceased and dead body of the deceased was sent for postmortem on the same day and postmortem was conducted by PW/8 Dr. Rahul Kumr Sahu and postmortem report was received vide Ex.P/15 wherein it has been stated that cause of death was syncope due to ante-mortem intracranial injury and mode of death was homicidal in nature. Thereafter, the statements of PW/1 Premlal Batti, PW/2 Shri Dharam Singh and PW/3 Shri Ashulal were recorded and seizure of Lathis were made vide Ex.P/2, Ex.P/5 and Ex.P/8 and same were sent for chemical examination to FSL and a report thereof was received vide Ex.P/25 in which blood stains were found on the Bambo Sticks and thereafter, statements of the witnesses were recorded under Sec. 161 of Cr.P.C.