HALKURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Criminal Appeal No. 1419/2015 has been filed assailing the legality, validity, correctness and judicial propriety of the judgment of conviction and order of sentence dtd. 7/8/2015 passed by learned Sessions Judge, South Bastar District - Dantewada in Sessions Trial No. 96/2006 (C.G.) and Criminal Appeal No. 81/2018 has been filed assailing the legality, validity, correctness and judicial propriety of the judgment of conviction and order of sentence dtd. 21/11/2017 passed by learned Sessions Judge, South Bastar District - Dantewada (C.G.). By the impugned judgments, the appellants were held guilty for causing homicidal death amounting to murder of deceased Raju Ram Bhaskar in furtherence of common intention with other accused persons. Appellant-Halkuram was convicted for offence punishable under sec. 302/34 of the Indian Penal Code, 1860 {for short 'IPC'} and sentenced for life imprisonment. Appellant Boddaram was convicted for offence under sec. 302/34 of IPC and sentenced for life imprisonment and fine of Rs.500.00 in default of payment of fine, 2 months additional rigorous was imposed. Since both the appeals are arising out of same sessions trial, it is being decided by this common judgment. Facts of the case

(2.) The appellant Halkuram was put to trial for charge of committing murder of deceased Raju Ram Bhaskar in furtherance of common intention with co accused persons Dukaru Ram, Raghu Bhaskar, Bomda Ram and Boddaram which is punishable under sec. 304 read with sec. 34 of IPC. He was further charge for voluntarily causing hurt to Tuman, Phulmati with Knife {Gupti} punishable under sec. 324 of IPC. He was also charged for offence punishable under sec. 25 of Arms Act, 1959 for keeping in his possession an iron rod and knife {Gupti}. Appellant Boddaram was also put to trial for charge of committing murder of deceased Raju Ram Bhaskar in furtherance of common intention with co-accused persons Dukaru Ram, Halku Ram, Raghu Bhaskar, Bomda Ram which is punishable under sec. 304 read with sec. 34 of IPC.

(3.) It is to be noted at this juncture that initially total 5 accused persons namely Boddaram, Dukaru Ram, Raghu Bhaskar, Bomda Ram and Halkuram were put to trial but during the pendency of trial, Halkuram and Boddaram absconded and they were declared absconder. Rest of the accused faced the trial and were convicted under Sec. 302 read with Sec. 34 of IPC and sentenced to life imprisonment with fine of Rs.100.00, in default of payment of fine to further undergo Rigorous Imprisonment for one month vide judgment dtd. 31/3/2009 in Sessions Trial No.96/2006 by the Sessions Judge, South Bastar Dantewada, (C.G.). These accused persons preferred an appeal against their conviction before this Court and vide Judgment dtd. 11/2/2014 their appeals bearing Cr.A. No. 321/2009 Dukaru Ram Vs. State of Chhattisgarh, Cr.A. No. 322/2009 Raghu Bhaskar Vs. State of Chhattisgarh, Cr.A. No. 323/2009 Bomda Ram Vs. State of Chhattisgarh came to be dismissed and their conviction was affirmed.