JITENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Two appellants namely, Jitendra Kumar (A-1) and Smt. Manisha @ Uttara Bai (A-5) in Cr.A.No.401/2014; two appellants namely, Jayanand Sahu (A-2) and Nand Kumar @ Nandu (A-4) in Cr.A. No.523/2014; and sole appellant namely, Arun Kumar (A-3) in Cr.A. No.677/2014, have preferred these appeals under Sec. 374(2) of the CrPC feeling aggrieved and dissatisfied with the impugned judgment dtd. 31/3/2014 passed by the 2nd Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Trial No.193/2012, by which the learned Additional Sessions Judge has convicted and sentenced the appellants in the following manner with a direction to run the sentences concurrently: -

(2.) Since all the three criminal appeals have arisen out of one and same judgment dtd. 31/3/2014 passed by the 2nd Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Trial No.193/2012 and since common question of fact and law is involved in all the three appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

(3.) Case of the prosecution, in the nutshell, is that in the intervening night of 13th and 14/6/2012, at 03:00 a.m., at Village Thangan, Police Station Dabhra, District Janjgir-Champa, appellants A-1 to A-4 unauthorisedly trespassed the house of Gopichand and Jagbai and in furtherance of their common intention conspired together and assaulted Gopichand and Jagbai by iron rod and wooden stick and committed their murder and thereby committed the offence. Further case of the prosecution is that husband of A-5 - Bhushan Soni went missing on 26/6/2011 and consequently, A-1, who was posted in Police Station Dabhra, used to help Gopichand - father of Bhushan Soni, in tracing out his son Bhushan Soni and meanwhile, A-1 came into contact with A-5 and both developed love affair, but since father-in-law and mother-in-law of A-5 namely, Gopichand and Jagbai did not like their affair and they have also attempted to alienate the property which A-5 and her husband have share, A-1 conspired with A-2 to A-4 and in furtherance of their common intention, in the intervening night of 13th and 14/6/2012, A-1 to A-4 assaulted Gopichand and Jagbai by which they have suffered injuries and died. It is also the case of the prosecution that in the intervening night of 13th and 14/6/2012, Gopichand and Jagbai were sleeping and after hearing some noise coming from the said place, Smt. Rajshri Soni (PW-1) - another daughter-in-law of Gopichand and Jagbai being wife of Preetam Kumar Soni (PW-6), woke up and removed the curtains where she saw that a person wearing black pant and white shirt was coming towards the channel gate and upon being asked by Smt. Rajshri Soni (PW-1), the person replied 'humlog hai' (we are here), thereafter, Smt. Rajshri Soni (PW-1) heard the noise of vehicle and she came out and saw that some people ran away. Thereafter, Smt. Rajshri Soni (PW-1) went to see her father-in-law and mother-in-law who were lying on bed in a pool of blood and she noticed injury over head and ear portion of Jagbai and injury over ear and forehead of Gopichand from a sharp-edged like weapon. Jagbai was breathing faintly and upon seeing the incident, Smt. Rajshri Soni (PW-1) screamed for help saying bachao-bachao due to which the neighbours namely Chanda Bai, Ghasia Mohan and others came rushing to help and took Jagbai and Gopichand for treatment, but Jagbai died instantaneously, whereas Gopichand was escorted to hospital and he succumbed to the injuries. Thereafter, Smt. Rajshri Soni (PW-1) lodged oral report at Police Station Dabhra stating that her sister-in-law (A-5) has been creating dispute with her father-in-law and mother-in-law for last one year regarding partition of property and she had also threatened her mother-in-law and father-in-law with life.