MANHARAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred by the appellants under Sec. 374 of the Code of Criminal Procedure, 1973 against judgment dtd. 30/8/2002 passed by Second Additional Sessions Judge, Balodabazar, District- Raipur (C.G.) in Session Trial No. 488/2001, wherein the said court convicted and sentenced the appellants as under:-

(2.) The case of the prosecution, in brief, is that on fateful day on 7/7/2001, due to property dispute Police Station- Kasdol directed the appellants and the victims to appear with records of the property. The victim Rajesh and his brother Santosh had also gone to the Police Station and while returning to Village- Katagi, appellant No. 1-Manaharan was holding Tangiya and his brothers i.e. appellant No. 2- Chhatalal and appellant No. 3-Dinesh were abusing in front of Rajesh's house. When the victim Rajesh had made an attempt to stop them then appellant No. 1 assaulted Rajesh by Axe on his head which caused injury on the right side of his head due to which he fell down and became unconscious. After seeing the incident he came out from the house then appellants with intention to kill entered into the house and Manharan had thrown Axe upon him which caused injury on his leg. Appellant No. 3- Dinesh assaulted Santosh with Gaity, which caused injury in waist. Shiv Shankar had thrown Rapli causing injury on the right shoulder. They were chasing him and shouting that they will kill him as he alsways threatened and lodged reports in police station. Victim No.1- Rajesh was sent to Lavan hospital for treatment and Dehati Nalsi (Annexure P/1) was made and on the basis of the same, Crime No. 113/2001 was registered for commission of offence under Sec. 307/34 of IPC and investigation was initiated. On the basis of memorandum statement of appellants namely Dinesh, Chhatlal and Manharan, the weapons used in the crime were recovered. After completing all the formalities, charge-sheet was filed before the Judicial Magistrate First Class, Balodabazar, who has committed the case to the learned Sessions Judge, Raipur, which was subsequently transferred to Second Additional Sessions Judge, Raipur for trying the offence under Sec. 307 of IPC.

(3.) The prosecution, in order to bring home the guilt of the appellants, has examined witnesses namely Mangluram (PW-1), Rajesh (PW-2), K.L. Banjare (PW-3), Premdas (PW-4), Neelmani (PW-5), Santosh (PW-6), Ramratan (PW-7), Ramkumar (PW-8), Lursai (PW-9), P.R. Yadav (PW-10) and Netram Verma (PW-11) and exhibited documents namely Dehati Nalsi (Ex. P/1), medical report of Rajesh (Ex. P/2), application for medical examination of injured Rajesh (Ex. P/2A), medical report of Santosh (Ex. P/3), application for medical examination of injured Santosh (Ex. P/3A), seizure memo (Ex. P/4), X-ray of Santosh (Ex. P/5), memorandum statement of appellants (Ex. P/6 and P/8), seizure memo (Ex. P/7, P/9 and P/10), Najri Naksha (Ex. P/11), seizure memo (Ex. P/12 and P/13), memorandum statement of Manaharan (Ex. P/14), Medical query (Ex. P/15), Arrest memo (Ex. P/16 and P/17), memo for forensic examination of seized material (Ex. P/18), receipt (Ex. P/19), Forensic report (Ex. P/20) and forwarding memo of the report(Ex. P/21). The accused were examined under Sec. 313 of the Cr.P.C. wherein they have denied the charges levelled against them.