DILHARAN VARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both these appeals under Sec. 374(2) of Cr.P.C. have been filed against the judgment of conviction and order of sentence dtd. 8/10/2015 passed by the 1st Additional Sessions Judge, Baloda-bazar, District Baloda-bazar, C.G. in Sessions Trial No.35/2014, therefore, they are being disposed by this common judgment.

(2.) By the impugned judgment, the appellants are convicted and sentenced as under:- <FRM>JUDGEMENT_60_LAWS(CHH)8_2023_1.html</FRM>

(3.) Case of the prosecution, in brief, is that in the intervening night of 21/22/11.2013 in between 1:00 am to 1:30 am, the present appellants along with acquitted co-accused persons, in furtherance of their common intention, assaulted Suresh Verma (hereinafter called as 'deceased) with the help of lathi, by which deceased suffered grievous injuries over his body and during treatment in the hospital, he died on 25/11/2013. The appellants and other acquitted co-accused persons also assaulted PW-4 Bhupendra, who too suffered grievous injuries over his body and thereby committed the aforesaid offences. Further case of the prosecution is that PW-4 Bhupendra/complainant was engaged in the work of light decoration as well as sound service and in the night of 21/11/2013, in the village, Ramayan programme was organised by PW-12 Badri Prasad Verma as he has purchased a Tractor, for that, function was organised in which PW-4 Bhupendra had installed the lights, mike and sound system in front of the house of appellants (by using as a common place). In the late night of 22/11/2013 at about 1:30 am, while PW-4 Bhupendra was dismantling the sound system, at that time, appellants came there, abused him in filthy language and assaulted him with lathi, by which he suffered simple injury. When deceased (father-in-law of PW-4 Bhupendra) and PW-3 Smt. Girja Verma tried to intervene in the matter, appellants along with acquitted co-accused persons assaulted them with lathi, by which deceased suffered grievous injuries over his body and PW-3 Smt. Girja Verma also suffered injuries over her body. Thereafter, they were taken to the hospital for treatment and during treatment in the hospital, deceased- Suresh Verma succumbed to the injuries on 25/11/2013. The matter was reported to the Police by PW-13 Dilip Kumar, pursuant to which merg intimation Ex.P-24 was recorded, FIR Ex.P-9 was registered against the appellants and spot map was prepared vide Ex.P-23. Inquest proceeding was conducted vide Ex.P-11 and dead body was sent for postmortem examination which was conducted by PW-15 Dr. S.K. Bagh, who has proved the postmortem report Ex.P-21. According to postmortem report, cause of death of the deceased was due to cardio-respiratory failure as a result of head injuries and their complications and death was homicidal in nature. From the possession of the appellants, lathi were seized vide Exs.P-6, P-7 and P-8 respectively. Seized articles were sent to FSL for chemical examination but no FSL report has been brought on record.