SHIVCHARAN CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have preferred this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) questioning the impugned judgment dtd. 20/2/2023 passed by the learned First Additional Sessions Judge, Sakti, District Janjgir Champa, in Sessions Case No. 55/2019, whereby the appellants have been convicted and sentenced as under: <FRM>JUDGEMENT_31_LAWS(CHH)2_2024_1.html</FRM>

(2.) Case of the prosecution, in short, is that on 25/7/2019, the villagers of village Kataud informed the Police Station, Dabhra on mobile that in the intervening night of 24/25/7/2019, some unknown persons entered the house of Kshitibhushan Chandra (PW-2) and caused grievous injuries to Kshitibhushan Chandra and his family members. On the said information, the Assistant Sub Inspector S.N.Mishra (PW-17) of Police Station Dabhra sent the Head Constable No. 159 to the spot. On the place of incident, Gamleshwari Chandra (PW-1) got the Dehati Nalishi registered to the effect that she resides in village Kataud alongwith her family. Her matrimonial house is also situated in the same village where the family of his brother reside in a separate house. In the said house, his brother Kshitibhushan Chandra, Bhabhi Rameshwari (PW-3) nephew Vanshu @ Varun Chandra and niece Ku. Vanshika Chandra reside. On 24/7/2019 at about 6 p.m., everything was normal. At about 11 p.m. of 25/7/2019, her husband Naresh Chandra went to the house of Kshitibhushan Chandra (PW-2) for getting some milk when he found that the door was closed from inside. When he knocked the door, nobody responded. When he came back and informed, she made a call on the mobile phone of his brother and Bhabhi which was not received by anyone. When her children came back from school, she asked them whether Vanshu and Vanshika had gone to school on that day, they told that they did not come to school. Getting suspicious, she asked her husband Naresh Chandra (PW-5) and Chudamani Verma (PW-4) who reached and started knocking the door and calling the names of the residents of that house. When they did not receive any answer, the door was broke open and they found that the back side door of the house was open. They found Kshitibhushan (PW-2) lying injured on the floor, he had sustained injuries on his head, face and many other parts of the body with a sharp weapon and the blood was oozing out, Rameshwari Chandra (PW-3) was lying injured on a bed and she had also sustained injuries on her body, the nephew Vashu Chandra and Vanshika Chandra had also sustained injuries and were not in a position to say anything. They were taken to Hospital on an Ambulance. Some unknown persons had entered the house and caused injuries and thinking that they were dead, left them and thereafter absconded. The incident is said to have taken place on 24/7/2019 at 6:30 p.m to 25/7/2019 at 1:00 p.m.

(3.) On the basis of aforesaid Dehati Nalishi (Exhibit P/1), the FIR (Exhibit P/40) bearing Crime No. 255/2019 for the offences under Sec. 457, 323 and 307 of the IPC was registered at Police Station Dabhra, DistrictJanjgir-Champa on 25/7/2019 at 19:45 hours and the matter was investigated. During the course of investigation, the MLC of the injured persons were conducted at Community Health Centre, Dabhra and dying declaration (Exhibit P/4) of the injured Kshitibhushan Chandra (PW-2) was also recorded on the basis of which the offences under Sec. 147, 148, 149 and 120B of the IPC were added. The memorandum of the accused (Exhibit P/6 to P/10 and P/19) were taken and on the basis of said memorandum, the wood, bamboo stick, iron rod, motorcycle and other articles used in commission of the crime were seized. During the course of treatment, the injured minor Vanshu Chandra, aged about 7 years, expired.