LAXMICHAND CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellants-accused persons herein is directed against the impugned judgment of conviction and order of sentence dtd. 29/4/2016 passed by 5th Additional Sessions Judge, Raigarh, Chhattisgarh, in Sessions Trial No. 33/2015 by which appellants have been convicted for offence under Sec. 302 of the IPC and sentenced to undergo rigorous imprisonment for life with fine of ? 500/- each; in default of payment of fine additional rigorous imprisonment for 3 months.

(2.) Case of the prosecution, in short, is that on 21/1/2009 at about 5:30 pm at village Kolaibahal Statiopara, Police Station Chakradharnagar, District Raigarh, Chhattisgarh, appellants herein namely Laxmichand Chouhan (A-1), Mali Chouhan (A-2) and Naka @ Savitri (A-3) in furtherance of their common intention, assaulted Ghurauram by wooden stick and hand and fist, by which he suffered grievous injuries and died and thereby committed the aforesaid offence. It is further case of the prosecution is that A-1 and A-2 are the son and daughter, respectively, of A-3 and Ghurauram (now deceased) was the son-in-law A-3. Further case of the prosecution is that on the date of offence Ghurauram (deceased) under the influence of liquor started quarreling with his wife A-2 herein and also with A-1 and A-3, on account of which, appellants herein (A-1, A-2 and A-3) assaulted Ghurauram (deceased) by wooden stick and hand and fist by which he suffered grievous injuries and died. Merg intimation and FIR were registered vide Exs. P/12 and P/20. Inquest proceedings (Ex.P/18) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/21), proved by Dr. Jayant Shriwastava (PW-12), cause of death was shock on account of excessive hemorrhage due to internal injury. Pursuant to memorandum statements of the appellants herein (A-1, A-2 and A-3) vide Exs. P/1, P/3 and P/5, wooden sticks have been seized vide Exs. P/2, P/4 and P/6. In FSL report (Ex.P/26), alcohol has been found in the viscera of the deceased.

(3.) After due investigation, appellants were charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellants / accused persons abjured their guilt and entered into defence.