SATISH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Two appellants namely, Satish Kumar (A-1) and Laxman (A-2) in Cr.A.No.615/2014 and sole appellant namely, Samaylal (A-3) in Cr.A.No.432/2014, have preferred these appeals under Sec. 374(2) of the CrPC calling in question the impugned judgment dtd. 13/3/2014 passed by the 3rd Additional Sessions Judge, Ambikapur, in Sessions Trial No.436/2012, by which the learned Additional Sessions Judge has convicted the appellants herein under Ss. 302 read with Sec. 34 and 307 read with Sec. 34 of the IPC and sentenced them to undergo imprisonment for life and pay a fine of Rs.500.00 each, in default of payment of fine to further undergo rigorous imprisonment for three months and to undergo rigorous imprisonment for ten years and pay a fine of Rs.500.00 each, in default of payment of fine to further undergo rigorous imprisonment for three months, respectively.

(2.) Since both the two criminal appeals have arisen out of one and same judgment dtd. 13/3/2014 passed by the 3rd Additional Sessions Judge, Ambikapur, in Sessions Trial No.436/2012 and since common question of fact and law is involved in both the two appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

(3.) Case of the prosecution, in short, is that on 3/10/2012 at 9.00 p.m., at Village: Sair Bhudumar, Chowki: Kedma, Police Station: Udaipur, in furtherance of common intention, the appellants caused the death of Urmila Bai - wife of Nohri Ram (PW-6) and also assaulted Nohri Ram, and thereby committed the offence. It is the further case of the prosecution that on 3/10/2012 after taking meals, Nohri Ram (PW-6) and his wife were sleeping in separate cots and at 9.00 p.m., on torchlight, he noticed appellant Samaylal (A-3) who assaulted him on his neck and when he stood up for taking up the axe lying therein, then Samaylal (A-3), Komalsai and Basant (not arrayed as accused) assaulted his wife Urmila Bai by sword by which she suffered injuries and succumbed to death. Nohri Ram (PW-6) reported the matter to Police Station Udaipur, Outpost Kedma on which first information report (FIR) under '0' number was registered against Samalsai (A-3), Komalsai and Basant for offences under Ss. 307, 302 and 34 of the IPC vide Ex.P-24 and thereafter, numbered FIR was registered vide Ex.P-25. Morgue intimation under '0' number was recorded vide Ex.P-26 and registered morgue was recorded vide Ex.P-27. Inquest was conducted vide Ex.P-2 and dead body was sent for postmortem which was conducted vide Ex.P-17 by Dr. A.R. Jayant (PW-13) in which cause of death was stated to be coma due to fracture of skull and death was stated to be homicidal in nature. Nohri Ram (PW-6) was medically examined vide Ex.P-18. Pursuant to the memorandum statements of appellants Satish Kumar (A-1) and Laxman (A-2), swords were seized and same were sent for chemical analysis to the Forensic Science Laboratory (FSL), but the FSL report was not brought on record. Query report Ex.P-19 was obtained from Dr. A.R. Jayant (PW-13) in which it has been stated that the injuries mentioned in postmortem report Ex.P-17 and the MLC report of injured Nohri Ram (PW-6) - Ex.P-18, could be caused by the swords seized from appellants Satish Kumar (A-1) and Laxman (A-2).