LAWS(CHH)-2013-9-14

RAISINGH Vs. STATE OF C G

Decided On September 11, 2013
RAISINGH Appellant
V/S
State Of C G Respondents

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 23 -04 -2007 passed by First Additional Sessions Judge, Manendragarh in Sessions Trial No. 139/06. By the impugned judgment, accused Raisingh, Rama, Raju, Anil Kumar and Dada @ Surendra Kumar have been convicted and sentenced in the following manner with a direction to run the sentences concurrently: <IMG>JUDGEMENT_90_CGLJ1_2014.jpg</IMG>

(2.) CASE of the prosecution, in brief, is as under: On 24 -09 -2004, at about 7:30 PM, deceased persons Dukhiram and Prakash and Chandrawati (PW -2) were going from their new house to old house. When they reached near the house of appellant Raisingh, the appellants formed an unlawful assembly and in furtherance of common object of the said assembly, abused the deceased persons and Chandrawati (PW -2), caused them to run, appellant Raisingh assaulted deceased Dukhiram and other appellants assaulted deceased Prakash with farsa, lathi and rod. Deceased persons Dukhiram and Praksah sustained injuries on their body. When Satiraj (PW -4), Hiran and Akalu (PW -3) tried to save the deceased persons, the appellants assaulted them and they also sustained injuries on their body. The incident was witnessed by Suraj (PW -11), Basanti (PW -7) and Injina (PW -6). Deceased Dukhiram was taken to Community Health Center (CHC), Khadgawan for treatment and was thereafter referred to the District Hospital, Baikunthpur, there he died. Deceased Prakash died on the spot. Suraj lodged Dehati Merg Intimation (Ex. -P/35), Dehati Nalishi (Ex. -P/36) and First Information Report (Ex. -P/36A) were registered for the offence under Sections 147, 148, 149, 306 and 3021PC against the appellants in Police Station Khadgawan. During the treatment deceased Dukhiram died. Akalu (PW -3) lodged Merg Intimation (Ex. -P/2) in Police Station, Khadgawan. Inquest (Ex. -P/3) was prepared on the dead body of deceased Prakash and inquest (Ex. -P/4) was prepared on the dead body of deceased Dukhiram. Deceased Prakash was sent to CHC, Khadgawan, for postmortem examination and injured Satiraj (PW -4) and Akalu (PW -3) were also sent to CHC, Khadgawan. Deceased Dukhiram Postmortem examination on the dead body of deceased Dukhiram was conducted by Doctor Sukhdeo Hirawan Sen (PW -8). He gave his report (Ex. -P/19) finding:

(3.) SHRI UNS Deo, learned Government Advocate appearing for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellants do not warrant any interference by this Court.