ANANDRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC is directed against the impugned judgment dtd. 29/08/2019 passed in Sessions Trial No. 08/2019 whereby learned Additional Session Judge, Gharghoda, Distt. Raigarh has convicted the appellant/accused for offence punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.500.00 and in default of payment of fine, additional R.I. for two months.

(2.) Case of the prosecution, in brief, is that on 16/09/2018 at about 12:00 PM at Village Bartangartola, the appellant herein alongwith two co accused persons namely Thandaram (acquitted) and Baratram (convicted for offence punishable under Sec. 323 of IPC), in furtherance of their common intention to cause death of Jagatram, assaulted him with hands and fists due to which he suffered grievous injuries and succumbed to death on 17/09/2018.

(3.) Further case of the prosecution is on 16/09/2018, complainant Shankar Ram (P.W. 1) had organized pooja on the occasion of Nawakhai festival and had invited the Witch doctor to perform the said pooja as well as other villagers including the appellant and the two co accused persons. When preparation was going on for the pooja, appellant/accused Anandram, all of a sudden, urinated on the place where the pooja was to be performed due to which the pooja could not be commenced and the witch doctor as well as the other villagers went to their homes, but the appellant and the two co accused persons remained therein and thereafter, when Shankar Ram (P.W. 1) asked the appellant for explanation behind his unholy act, out of anger, the appellant and the co accused persons started quarreling with Shankar Ram (P.W. 1). In between the said dispute, deceased Jagatram (father of Shankar Ram) as well as Devmati (P.W. 2) (wife of Shankar Ram) tried to intervene, but co accused Baratram assaulted Devmati (P.W. 2) with a wooden stick and caused injury on her left hand and co accused Thandaram as well as the appellant pushed Jagatram (deceased) on the ground and thereafter, all the three accused persons assaulted Jagatram with hands and fists and legs, due to which Jagatram suffered grievous injuries on his chest and succumbed to death on the next day.