JAGOUTIN BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this judgment, Cr.A. No. 834/2013 and Cr.A. No. 499/2014 are being disposed of as both these appeals arise out of the judgment of conviction and order of sentence dated 7th August, 2013 passed by the Additional Sessions Judge, Mungeli, Distt. Bilaspur in S.T. No. 55/2009 convicting and sentencing the appellants as under : <IMG>JUDGEMENT_42_LAWS(CHH)2_20161.jpg</IMG>

(2.) Brief facts of the case are that deceased Uttam, deceased Hardev, A -1 Kartik Ram, A -3 Janakram, A -4 Rikhiram and A -10 Santram are real brothers. P.W. 1 Dinesh and P.W. 8 Namuram are real brothers and son of deceased Hardev. P.W. 8 Namudas is injured eye -witness, P.W. 9 Shakun Bai is wife of deceased Hardev and is an injured eye -witness. On account of partition of land and partition of kitchen garden, relation between all the accused persons and deceased and their family members were inimical. On 27 -7 -2009 during morning hours, there was a dispute between P.W. 9 Shakunbai and A -6 Jagautin Bai, A -7 Santoshi Bai, A -8 Deepabai, A -9 Omkarbai. After the incident, P.W. 9 Shakun Bai went to police station along with her husband Hardev. In the field also when A -1 Kartikram attempted to assault P.W. 8 Namudas, the persons present intervened and saved him. In the evening of 27 -7 -2009, deceased Hardev, P.W. 1 Dinesh, P.W. 8 Namudas had taken meal at the residence of deceased Uttam, thereafter all the four left for the house of Hardev, the deceased. Uttam was holding a battle axe. Hardev was holding stick, P.W. 1 Dinesh was not having any arm. Near their house, they met A -8 Deepa. Their (accused party) cattle were kept in the kitchen garden of the victims which was objected by Uttam and Hardev and they asked the accused persons to remove the cattle from their kitchen garden. A -2 Deva refused to do so. At that time A -1 Kartikram came with an axe. A -2 Deva snatched the battle axe from Uttam and assaulted over his head by said battle axe. A -1 Kartikram also assaulted Hardev by the axe. Thereafter accused persons Santram, Jagautinbai, Omkarbai, Santoshibai and Deepabai assaulted Uttam and Hardev by clubs. Uttam and Hardev fell down. Accused Deepa also assaulted P.W. 8 Namudas. After the assault, P.W. 8 Namudas became unconscious. Thereafter they were taken to the Pathariya hospital where the doctor declared Hardev dead. Uttam also succumbed to his injuries during treatment. This incident was committed by accused persons as accused Janakram, Rikhiram and Jaikumar used to instigate other accused persons and as per their instigation and conspiracy, P.W. 8 Uttam and Hardev were done to death and P.W. 8 Namudas and P.W. 9 Shakunbai received injuries. P.W. 8 Namudas lodged FIR on 27 -7 -2009 at 11.50 pm at police station Pathariya. Pathariya police registered offence under Sections 147, 148, 149, 323, 302, 120 -B of the IPC at crime no. 249/2009. Upon the information given by the doctor, Pathariya police registered merg Ex. P -44 for death of Uttam and Ex. P -45 for death of Hardev. FIR Ex. P -39 was lodged against all 10 accused persons. Injured P.W. 9 Shakunbai was examined by P.W. 10 Dr. D.R. Singrol who found following injuries vide report Ex. P -41: -

(3.) So as to hold the accused/appellants guilty, the prosecution examined as many as 12 witnesses. Statements of the accused persons were recorded under Section 313 of the Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication in the crime in question. One defence witness Dr. D.R. Singrol was also examined by the accused/appellants.