MILAN AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellants stand convicted under Section 302/ 149 IPC and sentenced to undergo life imprisonment along with fine of Rs. 2,000/-. In the event of failure to pay fine, they were required to undergo one year further rigorous imprisonment. They have also been convicted under Section 326/ 149 IPC and sentenced to undergo 5 years rigorous imprisonment along with fine of Rs. 2,000/-. In the event of failure to pay fine, each of them was required to undergo one year further rigorous imprisonment. The appellants have further been convicted under Section 324/ 149 IPC and sentenced to undergo two years rigorous imprisonment as ordered by the 7th Additional Sessions Jude, Bilaspur in Sessions Trial No. 344/98 dated 4th August, 1999. One of the accused Jagdish Yadav has been deceased during the pendency of the appeal and the appeal stood abated against him by order dated 11.7.2014.

(2.) Deceased Chhotelal is stated to have been assaulted on 15.5.1998 at about 11:00 p.m. The MLC of the deceased, Exhibit P-2 was carried out by Dr. V.K. Soni, P.W.1 who found two injuries on his person. Death occurred during treatment on 16.5.1998 at about 3:35 a.m. Dehati merg, Exhibit P-52 was lodged by the Ward Boy of the hospital on the same date at 3:45 a.m. The FIR, Exhibit P-21 was lodged on 16.5.1998 itself by Tiharu, P.W.5, who was also injured in the same incident. The postmortem of the deceased Chhotelal marked Exhibit P-19 was conducted by Dr. R.K. Pandey, P.W.3, on 16.5.1998 at 10:15 a.m. opining that death was caused due to injury to the brain and that death had occurred within 12 hrs. of the postmortem examination.

(3.) Learned counsel for the appellants submitted that both sides are residents of the same village Nigarband. The prosecution side was the aggressor. The appellants had acted in self defence. The deceased Chhotelal had only one injury on his head. The second injury near the eye was opined by Dr. V.K. Soni, P.W.1 as a resultant of the first injury.