GHANA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants/accused persons Ghana Bai (A-1), Lateliram (A-2), Omprakash (A-3), Punni Bai (A-4) and Bhagoli Banjare (A-5) under Sec. 374(2) of CrPC against the impugned judgment dtd. 11/07/2014 passed by learned First Additional Sessions Judge to the Second Additional Sessions Judge, Bilaspur in Sessions Trial No. 18/2013 whereby they have been convicted for offences punishable under Ss. 147, 148, 302 in alternative 302/149 of IPC and each of the appellant/accused has been sentenced to undergo R.I. for 2 years and imprisonment for life with fine of Rs.1000.00 in default of payment of fine, additional S.I. for 3 months, respectively.

(2.) Case of the prosecution, in brief, is that on 27/11/2012 at about 07:30 PM at village Godhi, Dagouri within the ambit of Police Station Bilha, the appellants herein constituted an unlawful assembly armed with fatal weapons and in furtherance of their common intention, assaulted Sonuram Jangde with laathi and caused his death and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 27/11/2012, deceased Sonuram Jangde had gone to his first wife Ghana Bai (A-1) for taking money that she had earned as wages, however, in front of her house, all the five appellants herein along with one juvenile Prempal (who is facing trial in juvenile court) assaulted Sonuram Jangde with laathis and caused his death. The incident was reported by witness Tijan Bai (P.W.-5) at Police Station Bilha upon which first information report was registered by the police vide Ex. P/20 and merg intimation was registered vide Ex. P/19. Summons were issued to the witnesses vide Ex. P/1 and inquest was conducted vide Ex. P/2. Thereafter, the dead body of Sonuram Jangde was subjected to postmortem which was conducted by Dr. Sunil Kumar (P.W.-9) and as per the postmortem report (Ex. P/26) cause of death is said to be hemorrhagic shock due to injury on vital organs brain and spleen and the nature of death is said to be homicidal. Pursuant to the memorandum statement of appellants/accused persons Bhagoli Banjare (A-5), Lateliram (A-2) and Ghana Bai (A-1) vide Ex. P/3 to P/5, seizure of laathis has been made from the possession of all the five appellants/accused persons (A-1 to A-5) vide Ex. P/8 to P/12. From the spot, plain soil as well as blood stained soil was seized vide Ex. P/6 and a rod was seized vide Ex. P/7. All the said seized articles were sent for forensic examination and as per the FSL report (Ex. P/33), human blood is said to be found on the laathis seized from all the five appellants/accused persons. After due investigation, the appellants/accused persons were charge-sheeted for offences punishable under Ss. 147, 148, 302 in alternative 302/149 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellants abjured their guilt and entered into defence.