ANITA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking the appellate jurisdiction of this Court under Sec. 374(2) of the CrPC, the sole appellant herein calls in question legality, validity and correctness of the impugned judgment of conviction recorded and sentence awarded by the learned Additional Judge by which she has been convicted for offences under Ss. 147, 323 read with Sec. 149 and 302 of the IPC and sentenced to undergo rigorous imprisonment for two years, rigorous imprisonment for one year and imprisonment for life and pay fine of Rs.500.00, in default of payment of fine to further undergo additional rigorous imprisonment for one month, respectively, with a direction to run all the sentences concurrently.

(2.) Case of the prosecution is that on 9/4/2014 at 7:00-8:00 a.m., at Village Beliya, Police Station Chalgali, the appellant herein along with four acquitted co-accused persons constituted unlawful assembly with common object and in furtherance of common object, the appellant herein squeezed/caught hold of the testicles of Rambasawan by which he suffered grievous injury and died, and also caused simple injuries to Nandkeshwar and thereby committed the aforesaid offences. FIR was registered vide Ex.P-1 and morgue was also registered vide Ex.P-2. Inquest was conducted vide Ex.P-4 and the dead body was subjected to postmortem which was conducted by Dr. Kamini Rai (PW-11) vide postmortem report Ex.P-23 and cause of death according to the postmortem report is anemia due to injury to the vital organ of the body i.e. haemorrhage as testicles were totally smashed.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant herein along with four acquitted co-accused persons was charge-sheeted for offences under Ss. 294, 506 Part-II, 148, 302 read with Sec. 149 and 323 read with Sec. 149 of the IPC and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions from where the learned Additional Judge received the case on transfer for trial and hearing and disposal in accordance with law.