RAMKHILAWAN YADAV Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 19-3-2008 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bilaspur in Special Criminal Case No.53/2007, whereby & whereunder learned Special Judge after holding the appellants guilty for formation of unlawful assembly having its common object to commit murder of Deepak Kumar Barman and to cause simple injuries to Jitendra Kumar, Sukrit Kumar & Gitalal and that in 'furtherance of common object of the assembly members of the assembly have committed homicidal death amounting to murder of Deepak Kumar and caused simple injuries to Jitendra Kumar, Sukrit Kumar & Gitalal, convicted the appellants under Sections 147, 302 read with Section 149 & 323 read with Section 149 of the IPC and sentenced them to undergo SI for one year; imprisonment for life & pay fine of Rs.500/- each, in default of payment of fine to further undergo Rl for six months, and Rl for one year, respectively.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellants and thereby an committed illegality.

(3.) As per case of the prosecution, on 11-8-2007, on the eve of Hariyali festival, liquor shop of deceased Deepak Kumar was open and on the ground of such opening of liquor shop on Hariyali festival, some incident took place. On 12-8-2007 at about 3.30 p.m., deceased Deepak Kumar along with Jitendra, Gitalal, Sukrit & Ajit went to Police Station Masturi for lodging FIR by two motorcycles, while they were returning after lodging report from Masturi, at about 8.30 p.m., the appellants armed with sticks were standing near the house of appellant Ramkhilawan, when the complainant party reached to the spot, the appellants abused & threatened them, and assaulted Deepak Kumar, Jitendra Kumar (PW-8), Ajit (PW-11), Sukrit Kumar (PW-12) & Gitalal (PW-14) by stick and caused several injuries. Deepak Kumar fell down. Dev Singh Barman (PW-1) telephoned to the police, then Sadhna Singh (PW-17), Town Inspector, reached to the spot and brought the injured persons to the hospital where Deepak Kumar was declared brought dead vide Ex.P-7. Dev Singh Barman (PW-1) came to Police Station Masturi and lodged FIR in 'zero number' vide Ex.P-1. Morgue was recorded vide Ex.P-2. Roznamcha was lodged vide Ex.P-27. Injured Jitendra, Sukrit & Gitalal were examined by Dr. J.P. Arya (PW-2) vide Exs.P-8, P-9 & P-10, respectively, and following injuries were found: -