ADEEP KUMAR VERMA @ TENGANA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the appeals arise out of a common judgment, they are heard and decided together.

(2.) The appeals are directed against the judgment dated 29.6.2015 passed by 6th Additional Sessions Judge, Bilaspur in Sessions Trial No.39 of 2014, whereby the Appellants have been convicted and sentenced as under:

(3.) In this case, name of the deceased is Rakesh Sahu. On 7.1.2014, his brother Mukesh Kumar Sahu (PW1) lodged Dehati Nalishi (Ex.P1) stating therein that on 6.1.2014 at about 7 p.m., he was returning from Misirpara Pond. At that time, in front of Shishu Mandir, near the drainage bridge, Appellant Pardeshi was sitting. Having seen him coming, Appellant Pardeshi started abusing him and a scuffle took place between them. Appellant Pardeshi fell down in the drainage due to which he suffered injury on his head and bleeding started from there. On being shouted by Appellant Pardeshi, his sons Shani, Dharmendra and Durga, abusing, came to the spot and committed marpeet with Mukesh (PW1) with lathi and tangiya due to which he sustained injuries on his body. Elder brother of Mukesh (PW1), i.e., deceased Rakesh came there to rescue him. Allegedly, Appellants Shani and Dharmendra committed marpeet with Rakesh with lathi and Appellant Pardeshi committed marpeet with Rakesh with hands and fists. The incident was witnessed by Narendra Bachchh, Bhagau Yadav and other persons. On the basis of said Dehati Nalishi (Ex.P1), initially, offence under Sections 294, 506B, 323 read with Section 34 IPC was registered against Appellants Pardeshi, Shani, Dharmendra and Durga. Initially, Dr. Ashish Mundra (PW15) examined injured Rakesh and Mukesh on 7.1.2014. In examination of Rakesh, following injuries were found: