SAJAN KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both theses appeals are arising out of the common judgment of conviction and sentence dtd. 5/7/2004 passed by First Additional Sessions Judge, Bilaspur, in Sessions Case No. 406/2003, whereby the accused persons have been convicted and sentenced as below :- <FRM>JUDGEMENT_28_LAWS(CHH)2_2024_1.html</FRM>

(2.) In the present case, there were 04 accused persons charge-sheeted for the alleged offence of commission of murder of Om Prakash Vastrakar and for causing simple injuries to Prakash Mahra and annoyed the complainant Tijram by obscene act. After conclusion of Trial, all the accused persons have been convicted for the respective offences as per the allegation of their involvement in the offence.

(3.) Brief facts of the case are that on 17/9/2003, the complainant Tijram was being informed by one Jethu Ram, resident of village Deori, that the Panchayat Meeting was called by Sarpanch Sajan Verma, in the house of Meghai Bai with respect to the dispute between Meghai Bai and Malti Bai. The complainant refused to go there in the meeting. After some time, the accused persons came together to the house of the complainant and started abusing Tijram as to why he has not come in the Panchayat Meeting which was being called by them and during this, the accused Feku Ram assaulted Prakash by Lathi by which Prakash received injuries over his back, when the complainant Tijram intervened, the accused Basant Mahra has assaulted Om Prakash by snatching the Lathi of Feku Ram by which Om Prakash received injuries over his head and blood was started coming out from his nose. He immediately taken to Medical College, Bilaspur, but he succumbed to his injuries. The report Ex. P-1 has been lodged by the complainant Tijram at police station Seepat. After preparing Panchnama (Ex. P-3) of dead body of the deceased and Postmortem (Ex.P-5A), various seizures, recording statement under Sec. 161 of Cr.P.C. of the witnesses and completion of investigation, charge sheet was filed before the Judicial Magistrate First Class, Bilaspur. The case was committed to the Sessions Court and from where transferred it to the trial court for its trial.