PRAJA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned 3rd Additional Sessions Judge, Ambikapur in Sessions Trial No.234/2013 by which the appellants herein have been convicted for offences under Ss. 302 read with Sec. 34 and 323 read with Sec. 34 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.500.00each, in default of payment of fine to further undergo additional simple imprisonment for one year and to pay a fine of Rs.500.00 each, in default of payment of fine to undergo simple imprisonment for one month, respectively.

(2.) Case of the prosecution, in short, is that on 1/1/2013 at 04:00 p.m. at Village Turiyabeera, Police Station Lundra, the appellants herein in furtherance of their common intention, assaulted Bablu (PW-3) and Omprakash (deceased) by lathi and sharp-edged weapon kalari by which Omprakash suffered injuries and died, and Bablu suffered simple hurt. Further case of the prosecution is that appellant No.2 has kept the daughter of Omprakash namely, Anita as his wife without there being any marriage and on that pretext, on the date of offence, dispute erupted between appellants No.1 to 4 and Bablu (PW-3), who is close relative of Omprakash (deceased) in the courtyard of Omprakash and his wife Munni (PW-6) and when the appellants started assaulting Bablu by weapons, he shouted "bachao bachao", then deceased Omprakash and his wife Munni (PW-6) came and tried to intervene, but thereafter, the appellants assaulted Omprakash also by which he suffered injuries and died. Munni (PW-6) reported the matter to the police vide Ex.P-12 and morgue intimation was registered vide Exs.P-16 and P-16A. Spot map was prepared vide Exs.P-15 and P-25. Both the injured Bablu (PW-3) and Omprakash were sent for medical examination and thereafter, on 6/1/2013, after four days of incident, Omprakash died during the course of treatment. Inquest over the dead body of the deceased was prepared vide Ex.P-1. Dead body was subjected to postmortem vide Ex.P-13A and postmortem was conducted by Dr. Shiv Kumar Manjhi. Thereafter, kalari was seized from appellant No.1 and lathis were seized from appellants No.2, 3 and 4. Seized articles were sent for chemical examination to the FSL, but no FSL report was brought on record.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the appellants were charge-sheeted and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions from where the learned Additional Sessions Judge received the case on transfer for conducting trial and hearing and disposal in accordance with law.