RAJARAM Vs. STATE OF C.G.

JUDGEMENT

(1.) Both these appeals are arise out of the common sessions trial and common judgment and therefore both these appeals are being heard and decided together.

(2.) The present appeal under Sec. 374(2) of Code of Criminal Procedure filed by the appellants against the judgment of conviction and sentence dtd. 23/6/2010 passed by learned Additional Sessions Judge, (FTC) Pendra Road District - Bilaspur in Sessions Case No. 43 of 2009 whereby the appellants have been convicted for the offence under Sec. 306 of IPC and sentenced R.I for 5 years (to each of the appellants) with fine of Rs.500.00 (in default of payment of fine further R.I for five months to each of the appellants).

(3.) The brief facts of the case are that on 13/1/2009, at about 4:30 p.m. there was a dispute ensued between the deceased Ramdhan and the appellants Rajaram and Mahadev on the issue of fencing on the kitchen garden of the respective houses of the deceased as well as present appellants. The appellant Mahadev is the son of the deceased. Some altercation took place there and due to this the deceased left his house. After about 11 days, the dead body of the deceased Ramdhan was found in a hanging condition with a tree in the field of Shyamlal. Sehdev PW-1 has lodged merg intimation Ex.P-1 to the police. Inquest Ex.P-4 was prepared in presence of the witnesses and thereafter the dead body was sent for its postmortem to Community Health Centre, Pendra, where Dr. Dharmendra Kumar Gahwai had conducted the postmortem of the dead body and gave his report Ex.P-10. While conducting the postmortem the doctor has found that a double layered cotton rope tightly encircled around the neck with truncated right side and knot present at right mastoid, after removal of the rope a reddish discolorrated skin (bruises) around neck with mark of knot at right mastoid, width of ligature mark is 2 c.m. circumference 360 degree, fracture of hyoid bone present, and doctor has opined that the cause of death is cardio respiratory collapse due to asphyxia produced by hanging on rope and mode of death is suicidal. Spot map Ex.-P/3 was prepared by the police and Spot map prepared by the Patwari is Ex.P-6. The rope has been seized vide seizure memo Ex.P-3(II). The FIR Ex.P-5 was registered against the appellant for the offence under Sec. 306, 34 of IPC. The appellants have been arrested on 15/2/2009. The statement of the witnesses under Sec. 161 of the Cr.P.C., is recorded and after completion of usual investigation charge-sheet was filed before the learned Judicial Magistrate First Class Pendra road. The case was committed to the Court of learned Sessions Judge from where the same has been transferred to the learned trial Court for its trial.