PRINCE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellants herein under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 28/4/2015 passed in Sessions Trial No.50/2014 by the 1st Additional Sessions Judge, Baloda-Bazar, District Baloda-Bazar, C.G., by which the appellants stand convicted and sentenced as under:- <FRM>JUDGEMENT_62_LAWS(CHH)8_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 6/5/2014 at about 6:00 pm, appellants assaulted Radheshyam and his wife Ranichandrakali (hereinafter called as 'deceased persons') with wooden stick and by pelting stones, by which, they suffered grievous injuries over their bodies and died and thereby committed the aforesaid offences. Further case of the prosecution is that on the fateful day, while PW-14 Ku. Dhanwantin, PW-6 Lakeshwar @ Sonu and deceased persons were in the house, at that time, appellants came there, abused the deceased persons in filthy language and assaulted them with wooden stick and by pelting stones, as a result of which, they suffered grievous injuries and died. The said incident was witnessed by PW-14 Ku. Dhanwantin and PW-6 Lakeshwar@ Sonu, who are the children of the deceased persons. Thereafter, the matter was reported to the Police Station by PW-14 Ku. Dhanwantin, pursuant to which merg intimation was recorded vide Ex.P-16, FIR was registered against appellant No.1 Prince @ Pinju vide Ex.P-15 and spot map was prepared vide Ex.P-01. Inquest proceedings were conducted vide Exs.P-18 and P-19 and dead body was sent for postmortem examination which was conducted by PW-12 Dr. B.K. Sahu, who has proved the postmortem reports of deceased persons vide Exs.P-4 and P-5. According to postmortem reports, cause of death of the deceased persons was due to cardiopulmonary arrest, coma and haemorrhage and head injury and death of the deceased persons was homicidal in nature. Memorandum statement of appellant No.1 Prince @ Pinju was recorded vide Ex.P-14 consequent to which, clothes of appellant No.1 were seized vide Ex.P-3. From the spot, plain and blood stained soil, wooden stick and stones were seized vide Exs. P-9 to 13 respectively. Seized articles were sent to FSL for chemical examination but no FSL report has been brought on record. During the course of investigation, appellant No.2 Mahetaru Ram was also taken into custody as is evident from final report.

(3.) Statements of the witnesses were recorded under Sec. 161 of Cr.P.C. After due investigation, the appellants were charge-sheeted before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellants abjured their guilt and entered into defence by stating that they have not committed the offence.