LAKSHIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by two appellants herein, namely, Lakshiram (A-1) and Rajeshwari (A-2) under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 17/8/2016, passed by 1st Addl. Sessions Judge, Sakti, Janjgir-Champa in Sessions Case No.10 of 2015, whereby they have been convicted for offence under Sec. 302 read with Sec. 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000.00 each and, in default of payment of fine amount, sentenced to undergo additional rigorous imprisonment for 06 months each.

(2.) The case of the prosecution, in short, is that on 12/10/2014, at about 20:45 hours in the night, at Village Chisda, within the ambit of Police Station Hasoud, District Janjgir-Champa, the accused-appellants herein shared common intention and, in furtherance thereof, abused Sammelal (for short the 'deceased') in public place and further assaulted him by means of brick, due to which he suffered grievous injuries and died and, thereby, the appellants are said to have committed offence under Ss. 302/34, 294 and 506 (Part-II) of IPC.

(3.) The further case of the prosecution is that during the lifetime of Sammelal (deceased), he solemnized two marriages. The first marriage of the deceased was solemnized with Navdha Bai, with whom, Lakshiram (A-1) was born. Thereafter, the deceased solemnized his second marriage with Photobai and, out of said wedlock, they were having 06 children, namely, Puran Kishore (PW-03), Krishna Kumar @ Kishore (PW-09), Anita (not examined), Sunita (not examined), Savita (PW-02) and Lalita (PW-04). Among the children of the deceased, a long standing enmity/dispute existed with regard to property. On the date and time of offence, the appellant No.01- Lakshiram under the influence of liquor entered into the house and started abusing his father (deceased), upon which, Puran Kishore (PW-03) came outside from his room and quarrel took place between them and they went outside in the courtyard of his house. Thereafter, upon hearing the noise, the deceased came outside from the house and when he asked the appellant not to abuse him, the appellant No.01- Lakshiram assaulted the deceased by means of brick, due to which he suffered grievous injuries and the appellant No.02- Rajeshwari is said to have caught hold the hands of the deceased. Thereafter, the deceased was escorted to the hospital, where he was declared dead.