JITU AND ORS. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 27.12.2010 passed by the 7th Additional Sessions Judge (FTC), Durg in Sessions Trial No.71/2009, whereby the trial Court has convicted the appellants under Sections 120B, 302/34, 294 and 506(B) of the IPC and sentenced them to undergo life imprisonment and fine of Rs.1,000/-, in default, additional R.I. for 3 months, to undergo life imprisonment and fine of Rs.1,000/-, in default, additional R.I. for 3 months, to undergo R.I. for 3 months and to undergo R.I. for 2 years respectively.

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

(3.) As per case of prosecution, on 22.12.2008 at about 11.30 a.m., deceased Vijay along with his second wife Kamla Bai (PW-14) was going to Maroda Station. As the deceased Vijay had to take some money from accused / appellant Jitendra Nishad, he was called by Jitendra Nishad. In Newayee basti, deceased Vijay met with accused/appellant Golu, who told him that Vijay is calling him near nursery, thereupon, deceased along with Golu went to Nursery of Forest Department where accused Jitendra was present with his two companions. They abused the deceased in the name of mother & sister and accused Golu along with his other two companions held the hands and arms of the deceased and accused Jitendra while abusing and saying to kill him today, threatened him and assaulted with iron rod on various parts of his body. Upon protest by Kamla Bai (PW-14), they abused her and threatened to kill her if report is lodged and fled away. Thereafter, injured Vijay immediately lodged a report in police station Newayee about the incident. Case was registered on 22.12.2008 at about 12.05 p.m. under Sections 294, 506, 323, 34 of the IPC and statements were also recorded by the police. Thereafter, injured was sent to Government Hospital, Durg, where during the course of treatment on 22.12.2008 in the evening at about 6.40 p.m. he died due to injuries and then, Crime No. 233/2008 was registered and the offence was altered into Sections 120(B), 302/34, 294 and 506 of the IPC.