(1.) This appeal arises out of the judgment of conviction and order of sentence dated 15.4.1999 passed by the 1st Additional Sessions Judge, Raipur in ST. No. 449/96 convicting each of the accused/appellants under Sections 147 & 302/149 of IPC and sentencing each of them to undergo RI for six months and life imprisonment respectively. In the present case, name of the deceased is Chini @ Kunjram. It is not in dispute that the accused persons, total six in number, arrayed in the case and the deceased, are close relatives. Case of the prosecution is that accused/appellant Parmeshwar Satnami had taken Rs. 1000/- from the deceased, who used to demand back his amount. As per evidence on record, a village meeting was called and in the said meeting, accused/appellant Parmeshwar had returned the amount of Rs. 1000/- to deceased Chini @ Kunjram. Further case of the prosecution is that on 19.3.1996 the deceased entered the house of the accused persons after consuming liquor and demanded back his amount. There was some quarrel between the deceased and the accused persons. When the deceased tried to assault the accused persons, accused/appellant Bhagwati caused two injuries to Chini by a spear-like knife as a result of which he died. FIR (Ex. P/31) was lodged by PW-17 Shivprasad @ Shivlal on 19.3.1996 and merg intimation (Ex. P/32) was also recorded at his instance on the same day. Postmortem on the body of deceased Chini @ Kunjram was conducted by Dr. Bhagwat Deshlahra (PW-21), and he opined that the cause of death is syncope due to excessive bleeding and penetrating injury on vital part vide Ex.P/54. After investigation, charge sheet was filed against the accused/appellants under Sections 147, 148, 149, 302 of IPC and thereafter, charges under Sections 148 & 302 of IPC were framed against accused/appellants Parmeshwar and Harelia Bai whereas charges under Sections 147 & 302/149 of IPC were framed against accused/appellants Bhajgwati and Choliyabai.
(2.) In order to hold the accused/appellants guilty, the prosecution examined 22 witnesses in all. Statements of the accused/appellants were recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence they stated that on the date of incident the deceased had come to their house and demanding back the amount of Rs. 1000/-. When they told him that they have already given him the said amount, he started quarreling with them. Thereafter, village Panchayat was convened wherein one Punuram admitted that the accused persons have already given Rs. 1000/- to the deceased, on which the Panchas told the deceased that he should not quarrel with the accused persons when he has already received the amount and thereafter, the deceased went from the said Panchayat threatening the accused persons that he would take back his amount anyhow. After some time, when the deceased again came to their house in a drunken condition carrying knife in his hand and demanded Rs. 1000/- from them, out of fear they went inside a room and locked the same. Apart from this, accused/appellant Bhagwati has further stated that when they had locked themselves in a room, the deceased went to another room and having broken open the lock of one box lying there. took out some money from it and was moving away from there. At that time, she (Bhagwati) stopped him and a scuffle took place between them, the deceased sat on her chest, his knife fell from his hand and he was trying to press her neck. During this process, she picked up the said knife and in her self defence assaulted the deceased with knife.
(3.) The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment convicted and sentenced the accused/appellants as mentioned in para-1 of this judgment.