DHANAJIRAM KOLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the two appellants herein, under Sec. 374(2) of CrPC, is directed against the judgment of conviction and order of sentence dtd. 16/9/2016 passed by Additional Sessions Judge (F.T.C.), North Bastar, Kanker in Sessions Case No.67/2014, by which each of them has been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_85_LAWS(CHH)11_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 28/5/2014 at about 8:30 p.m. in Village Vinayakpur under Police Station Bhanupratappur, both the appellants herein with their common intention are said to have assaulted Sannuram and Mangtin Bai, on account of which Sannuram sustained grievous injuries and later on died and Mangtin Bai also got injured.

(3.) The matter was reported by Dhanauram (PW-5), one of the four brothers of deceased Sannuram including A-1 Dhanajiram, vide FIR (Exhibit P-10), alleging that on 28/5/2014 around 8:30 p.m., a dispute erupted between the deceased Sannuram and the appellants regarding closing of the common door of their house and on account of which, both the appellants started assaulting the deceased Sannuram with bamboo stick and hands and fists by which Sannuram received grievous injuries on his head, neck and other parts of his body and subsequently he died on 29/5/2014 during the course of his treatment at C.H.C. Bhanupratappur and their mother Mangtin Bai (PW-4) also received injuries in the incident.