LOKESH KANT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Two appellants herein have preferred this criminal appeal under Sec. 374(2) of Cr.P.C. calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 26/3/2013 passed by the learned First Additional Sessions Judge, Bilaspur in Sessions Trial No.79/2011, by which two appellants herein have been convicted for the offence under Ss. 302 and 324 read with Sec. 34 of Indian Penal Code and sentenced to life imprisonment with fine of Rs.1000.00 each, in default of payment of fine, 1 month additional rigorous imprisonment and rigorous imprisonment for 1 year respectively, with a direction to run the sentences concurrently.

(2.) Case of the prosecution, in a nutshell, is that on 22/2/2011 at 9:00 p.m. at village Malhar, two appellants and their father Harprasad (died during pendency of trial) assaulted deceased Rajkapoor by sword and knife, by which he suffered grievous injuries and died and also assaulted Sushila Kant (PW-12) by deadly weapon, by which she suffered simple injury and thereby they committed the offence. Further case of the prosecution is that on 22/2/2011 at 10:00 p.m., at village Malhar, two appellants and their father Harprasad came to the house of the deceased and knocked the door, which was opened by deceased Rajkapoor and thereafter, two appellants and Harprasad assaulted Rajkapoor and then Lokesh (A-1) assaulted by sword and Mukesh (A-2) assaulted by knife, which was intervened by Sushila Kant (PW-12) by which she also suffered injury and after death of Rajkapoor, who died on spot, the matter was informed by Shushila Kant to the Police Station vide Ex.P-9, pursuant to which, merg was registered vide Ex.P-8 and panchnama was conducted by Ex.P-2 and thereafter dead body was sent for post-mortem, which was conducted by Dr.S.K.Sinha (PW-13) who proved the post-mortem report Ex.P-16, according to which cause of death was stated to be shock due to excessive bleeding and death was homicidal in nature. The offence was registered and the memorandum statement of Lokesh Kant and Mukesh Kant was recorded vide Ex.P-20 and Ex.P-22 and from Lokesh Kant (A-1), sword was seized vide Ex.P-21 and from Mukesh Kant (A-2), knife and motorcycle were seized by Ex.P-23. Sushila Kant (PW-12) was also medically examined by Dr. J.P.Arya (PW-18) and the medical report is Ex.P-22. The seized articles were sent for FSL, in which on the sword, blood was found vide Ex.P-21.

(3.) After due investigation, the appellants were charge-sheeted for the aforesaid offence under Ss. 302 and 324 read with Sec. 34 of I.P.C. before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellants abjured their guilt and entered into defence stating that they have not committed any offence and they have been falsely implicated.