RAMCHANDER Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) As these appeals arise out of the same judgment and order dated 7-12-2010 passed by Special Judge, Durg in Special Case No. 16/2006 they are disposed of by this common judgment. By the judgment impugned all the accused persons in the aforesaid four appeals have been convicted under Sections 147, 148, 302/ 149 IPC (for causing death of Kartikram), under Section 302/ 149, IPC (for causing death of Punitram) and 324, IPC. They have been sentenced to undergo RI for 1 year under Section 147, RI for 2 years under Section 148, imprisonment of life with fine of Rs. 500 under Section 302/ 149 for causing death of Kartikram, imprisonment of life with fine of Rs. 500 under Section 302/ 149 for causing death of Punitram and RI for 2 years under Section 324/ 149, IPC for causing injury to Ramesh (PW-1), plus default stipulations.

(2.) There are two deceased persons in these cases namely Kartik Ram and his son Punit Ram. As per the case of the prosecution, on 10-9-2005 FIR Ex. P-1 was lodged by Ramesh (PW-1) alleging that he was resident of village Bhurki and working as an agriculture labourer. It is alleged that just near his house, accused Vijay was having his agricultural land and he had some dispute with him. About two months prior to the date of incident some shisham wood belonging to the accused/appellants was confiscated by the forest department, one motorcycle was burnt and headlight of the tractor was also broken and for all this they were suspecting the complainant party to be responsible. It is alleged that accused Ajay asked his father to sell his land and that he was called by the police for recording statement. After returning from police station, he went to the village pond and when he was sitting there along with other villagers, accused/appellants except accused Harjinder came there in a tractor carrying weapons with them and assaulted his brother and father. It is alleged that accused/appellants assaulted them with intention to commit murder as a result of which they died on the spot. Incident was witnessed by Dhruvdas (PW-2), Dinesh Kumar (PW-4), Johan (PW-9), Devlal (PW-11) and Anjori (PW-12). Based on this FIR, offences under Sections 147, 148, 149 and 302 IPC were registered against six accused persons except Harjinder. Merg intimation Ex. P-60 was recorded in relation to death of Kartik Ram at 5.20 p.m. whereas in respect of Punitram it was recorded as Ex. P-59 at 5.30 p.m. Vide Ex. P-18 MLC of Ramesh was conducted by Dr. N.K. Tiwari (PW-15) whereas that of Punit Ram was conducted by him vide Ex. P-20. Postmortem examination on the body of deceased Kartikram was conducted by Dr. A.N. Shrivastava (PW-20) vide Ex. P-17 whereas that of Punitram was conducted by Dr. N.K. Tiwari (PW-15) who gave his report Ex. P-32. After investigation, charge sheet was filed by the police.

(3.) In support of its case the prosecution has examined 30 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges leveled against them and pleaded their innocence and false implication in the case. This apart, one S.R. Pathare (DW-1) has been examined by the defence in support of its case.