DILCHAND MAHANT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellants/accused herein under Sec. 374 (2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 8/8/2013 passed by the Court of learned Additional Sessions Judge, FTC, Raigarh in Sessions Trial No. 86/2011, whereby each of the appellants have been convicted for offence punishable under Sec. 302/34 of the IPC and sentenced to undergo imprisonment for life with fine of Rs.5,000.00 each, in default of payment of fine to further undergo additional rigorous imprisonment for six months each.

(2.) The case of the prosecution, in short, is that on 24/4/2011 in the field of Mahantdas, Village Chhatamuda, P.S. Kotwali, District Raigarh in furtherance of common intention, the appellants assaulted deceased Tannudas by wooden club (bamboo stick) and caused his murder, thereby they committed the aforesaid offence.

(3.) The further case of the prosecution, in nutshell, is that prior to one day of the date of incident, the deceased slapped appellant No.4 on account previous enmity pursuant to which all accused/appellants in furtherance of common intention on 24/4/2011 went to the pond where the deceased had gone for bath and they assaulted the deceased by wooden club, tied his legs with rope and dragged him to the field of Premlal Patel till his death and fled away leaving the dead body of the deceased. The matter was informed to Jamuna Bai (PW-1). The matter was reported to Outpost Police Station Jute Mill, Raigarh vide Ex.-P/1, therefore, offence was registered against all the accused persons for offence punishable under Sec. 302/34 of the IPC. Merg Intimation was registered vide Ex.-P/2. Inquest was conducted vide Ex.-P/5. Spot map was prepared vide Ex.-P/7. The dead body of deceased Tannudas was sent for postmortem. The postmortem examination was conducted by Dr. B.R. Patel (PW-10) and he gave his report vide Ex.-P/23. As per postmortem report (Ex.-P/23), Dr. B.R. Patel (PW-10) opined that cause of death of deceased Tannudas was shock due to injury. Doctor also opined that death of the deceased was homicidal in nature. Pursuant to memorandum statements of appellant No.1 (died) and appellant No.3 wooden club (bamboo sticks) were seized vide Ex.-P/12 and Ex.-P/14; pursuant to memorandum statement of appellant No.2, bicycle was seized vide Ex.-P/13 and pursuant to memorandum statement of appellant No.4, rope was seized vide Ex.-P/15. But, seized articles were not sent for FSL.