BHIKHAR & OTHERS Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 27.2.2003 passed by the Special Judge, Raipur in Special S.T. No.120/2001 convicting the accused/appellants under Sections 148, 452, 302/ 149 of the Indian Penal Code (for short 'the IPC') and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing each of them to undergo R.I. for 1 year; R.I. for 3 years and fine of Rs.500/-; R.I. for Life and fine of Rs.500/- and R.I. for Life and fine of Rs.500/- respectively, with default stipulations.

(2.) As per the prosecution case, the construction of road in village Kalai was being carried out under a relief scheme and during that an incident occurred in which one Gopal Lodhi was murdered and Radhelal and Gorelal had sustained injuries. Body of deceased Gopal Lodhi was brought to the Primary Health Centre, Arang for post-mortem examination. Radhelal and Gorelal were also taken to the hospital for treatment. When Sub-Inspector P.S. Netam (PW-21) was preparing inquest over the body of deceased Gopal Lodhi at the Primary Health Centre, Arang, a crowd of about 100-150 persons carrying dangerous weapons reached there. The crowd was/raising slogans "Radhelal ko maar dalo" and about 50-60 persons armed with deadly weapons forcibly entered inside the hospital in search of Radhelal. Despite efforts being made by P.S. Netam (PW- 21) and other police persons present there, they could catch Radhelal and assaulted him mercilessly. Gorelal somehow managed to save himself. Dehati Nalishi (Ex.R-53) was lodged by RS. Netam (PW-21) at about 10.45 a.m. naming accused/appellant No.2, 3 and 4 herein and several other persons. At about 11.25 a.m. FIR (Ex.P-54) was registered by P.S. Netam (PW-21) against 39 persons for the offence punishable under sections 147, 148, 149, 294, 452, 307, 353, 332 of IPC and Section 3 (1) (x) of the Act, 1989. Looking to the serious condition of Radhelal, he was referred to the Government Hospital, Raipur where he died during the course of treatment. Merg Intimation (Ex.P-65) was registered at the instance of Mohan Patel (PW-23) on 19.4.2001 itself at 1.30 p.m. Inquest over the body of deceased was prepared. Dr. Sanjay Kumar Dadu (PW-25) conducted post-mortem examination over the dead body vide Ex.P-69 and noticed following injuries:-

(3.) After investigation, charge sheet against 53 accused persons including present appellants was filed. The Court below framed the charges under Sections 147, 148, 452, 302/149, 353. 332 of IPC and Section 3 (2) (v) of the Act, 1989 against the accused persons. The prosecution in order to bring home the charges levelled against the accused persons examined 25 witnesses in all. Statements of accused persons were recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence and false implication. They have examined three witness in their defence.