BHAGWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the accused/Appellants is directed against judgment dated 19.3.2002 passed in Sessions Trial No.106 of 1999 by the Additional Sessions Judge, Durg, whereby the accused/Appellants have been convicted for offences punishable under Sections 323/34, 325/34 and 302/34 of the Indian Penal Code and sentenced to undergo imprisonment as follows: <FRM>JUDGEMENT_73_LAWS(CHH)7_20161.htm</FRM>

(2.) The prosecution story, briefly stated, is that on 14.10.1998, at about 9:30 p.m., Complainant Sukhnandan, PW-1 heard voices of the Appellants, who were abusing him. He then went to the home of the Appellants and asked them why were they using filthy language against him Thereafter, the Appellants and two others started quarrelling with the Complainant. With the intention of killing, they assaulted him with sword and lathis. They also beat the father of the Complainant, namely, Gangaram, PW-2 and brother of the Complainant, namely, Raghunandan (deceased) and also caused injuries to the mother of the Complainant, namely, Sahodara. Raghunandan died on 15.10.1998 due to the injuries sustained by him. Investigation was done in the matter. First Information Report, Ex.P-1 was recorded on the basis of the complaint made by Sukhnandan, PW-1. Thereafter the injured were medically examined and the medical reports are Ex.P-2 to P-5. Merg Intimation with regard to deceased Raghunandan was recorded vide Ex.P-8. Post mortem report in respect of the deceased is Ex.P-28.

(3.) Charges were framed against the accused/Appellants. They denied the guilt and pleaded innocence. The prosecution examined as many as 21 witnesses in support of its case. The accused/Appellants also produced number of documents in their defence.