MOHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC has been preferred by two appellants herein calling in question the correctness of the impugned judgment of conviction and order of sentence dtd. 6/8/2014 passed by the learned Second Additional Sessions Judge, Surajpur, District Surajpur (C.G.), in Sessions Trial No. 131/2011 by which appellants herein have been convicted as under:-

(2.) Case of the prosecution is that on 17/11/2010 at 4:00 pm at village Kuberpur, Harijanpara, Police Station Chandni, District Surajpur (C.G.) in furtherance of their common object two appellants herein namely Mohan and Shaymsundar along with Ramashankar, Sharfilal and four acquitted appellants assaulted Hanslal, Ramnarayan, Ramesh Kumar, Jwala Prasad and Suresh by which Hanslal suffered grievous injuries and died and Ramnarayan, Ramesh Kumar, Jwala Prasad and Suresh suffered simple injuries on dispute of hand-pump water between Jamuna and Hanslal (deceased) as the deceased closed the hand-pump, which was reported by Ramnarayan (PW-1) to the Police Station Chandni. It is further case of the prosecution that Mahesh, son of Ramashankar, has kept the girl of Khairwar caste as his wife for which he had offered a party to which complainant did not attend, on account of which there was enmity between complainant and the accused party. On the date of offence when villagers were celebrating Ekadashi festival, the dispute erupted between the parties and in the course of event Mahesh, one of the juvenile accused, came armed with tangi, and assaulted the deceased Hanslal on his back and Ramshankar also assaulted the deceased Hanslal by same axe on his head and other co-accused armed with wooden stick came there and assaulted Hanslal and complainants by which Hanslal suffered grievous injuries and died and Ramnarayan and Jwala Prasad suffered simple injuries. Merg intimation and FIR were registered vide Ex.P/1 and Ex.P/2 respectively. Inquest proceedings were conducted vide Ex.P/18 and dead body was sent for postmortem. Postmortem was conducted by Dr. A.M. Siddiqui (PW-5) and it was opined in the postmortem report (Ex.P/4) that cause of death is due to coma as a result of head injury, other contributory factor is hemorrhage shock as a result of excessive bleeding and nature of death is homicidal. Axe was recovered from Ramashankar and juvenile Mahesh and wooden stick was seized from appellant No.1 Mohan, appellant herein, nothing has been seized from appellant No.2 Shyamsundar, appellant herein. Seized articles were sent for chemical analysis to the FSL but FSL report has not been brought on record.

(3.) After due investigation, appellants were charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellants / accused persons abjured their guilt and entered into defence stating that they have not committed the offence. Co-accused persons Lalluchand, Ramsakal, Jamuna and Baikunth were acquitted by the trial Court, however, juvenile Mahesh was charge-sheeted before the Juvenile Court. It is not brought on record whether Ramashankar and Sharfilal, who have been convicted by the impugned judgment preferred appeal or not though this Court has directed the learned State counsel to ascertain whether appeal has been preferred by the co-accused persons or not but nothing has been brought on record.