MADARI @ DHIRAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Accused/appellant Umakant alias Kallu has preferred Criminal Appeal No. 1137 of 2002, accused/ appellant Lavelesh Tondi has preferred Criminal Appeal No. 1138 of 2002, accused/ appellants Madari alias Dhiraj. Alim Khan, Santosh alias Gudda alias Prashant, Girwar and Mahadeo have preferred Criminal Appeal No. 1285 of 2002 and accused/appellant Ram Kumar has preferred Criminal Appeal No. 3401 of 2003. The abovenamed accused/appellants have preferred these appeals under Section 374(2) of the Code of Criminal Procedure. 1973 being aggrieved by the judgment of conviction and sentence dated 29-10-2002, passed by the learned First Additional Sessions Judge. Drug in Sessions Trial No. 381 of 1999 by which the learned Additional Sessions Judge after holding the accused/ appellants guilty of the offences punishable under Sections 147. 148, 302 read with Section 149 and Section 325 read with Sections 149 of the Indian Penal Code convicted and sentenced each of them to undergo rigorous imprisonment for two years under Section 147, rigorous imprisonment for three years under Section 148 and to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default of payment of fine to further undergo rigorous imprisonment for four months under Section 302 read with Section 149 and to undergo rigorous imprisonment for two years under Section 324' read with Section 149 of the Indian Penal Code.

(2.) The case of the prosecution is that PW- 1 complainant Ranjeet Singh was residing at Panch Rasta Supela along with his family. On 25/05/1999 at about 5.30 P.M. accused Gudda alias Prashant came to his house to inform Narendra alias Nabbu (since deceased) that he was being called by accused Mahadev and said that since last so many days Mahadev was calling him why he was not meeting him. Narendra alias Nabbu said that he was going to meet Mahadev. Narendra left the house saying that he was going to meet Mahadev inspite of the objection by Ranjeet. Ranjeet also followed him and when Narendra alias Nabbu reached near Subhash Chowk, accused Mahadev. Alim, Giriwar, Gudda, Matari, Kallu, Ramkumar and Lavlesh were coming towards Ajay Poultry Farm It House Road having sword, knife, iron rod and Banka in their hands. All of them surrounded Narendra alias Nabbu and started assaulting him with the weapons they were holding. When Ranjeet tried to intervene to save his brother the accused persons also started assaulting him with sword and rod. He received injuries on his hands and legs. At that time PW -7 Rajendra Singh and his nephew Sheru alias Sher Singh also reached the scene of offence. The accused persons started assaulting them also and they received injuries on their head and legs and they ran away from the scene and took shelter in the house of one Basant Gupta. Sub Inspector D.C. Singh received telephonic information at the Police Station that some quarrel had taken place in Purani Basti. On receiving this information he left for the scene and asked Assistant Sub Inspector B.S. Sharma to reach the spot. The matter was reported to the police by Ranjeet Singh (PW- 1) at about 7.30 P.M. and the Police recorded the report (Ex. P/1) and sent injured Narendra alias Nabbu along with constables Triyuginath and Divesh to the Government Hospital, Durg where the doctor after examining Narendra alias Nabbu declared him "brought dead". Constable Triyuginath presented the report (Ex. P /34A) at the Police Station On this Merg intimation No. 36 of 1999 (Ex. P / 49) was recorded and the information was sent to SDM, Durg. After giving notices to the Panchas, Panchanama (Ex. P /13) of the dead body of the deceased was prepared and the dead body was sent to the District Hospital, Durg, for post-mortem examination. Dr. Prabhat Pandey (PW-10) conducted the post-mortem examination on the dead body of the deceased and prepared the post-mortem report Ex. P /38. The doctor had opined that the cause of death of the deceased was due to excessive bleeding and shock as a result of serious injuries received by him. He also medically examined Ranjeet Singh, Sheru alias Sher Singh and Rajendra Singh and prepared the injury reports Ex. P/35, P/ 36 and P/37. Inspector Ajit Yadav (PW-14) registered the first information report (Ex. P/1) and prepared the site plan (Ex. P/50) and seized one blood stained iron Banka, Rampuri Knife stained with blood, one razor stained with blood from the place of the incident. He also seized plain soil and blood-stained soil from the place of the incident under Ex. P/46. One sword stained with blood which was lying on the scene of the occurrence was also seized vide Ex. P/47. On 28/05/1999 accused Santosh alias Gudda, Alim, Umakant alias Kallu, Girwar, Matari, gave memorandums Exs. P/15, P/16/ P /17 and P /18 respectively and in pursuance of the above memorandums one blood-stained sword, blood-stained iron rod, one blood-stained iron angle and one sword were recovered and seized vide Exs. P /22, P /23, P /24, P/25. One shirt was recovered and seized from the body of accused Girwar under Ex. P /3. These articles were sent for chemical examination to the Forensic Science Laboratory, Raipur and the report (Ex. P /55) was received.

(3.) The Police after completing the investigation filed the charge-sheet against the accused/appellants in the Court of Judicial Magistrate First Class, Durg who in turn committed the case to the Court of Sessions from where the learned First Additional Sessions Judge received the case on transfer.