SHIVCHARAN AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Present appeal is directed against the judgment of conviction and order of sentence dated 19.11.2010 passed by the 2nd Additional Sessions Judge, Bilaspur in S.T. No.179/09 convicting the accused/appellants under Sections 302/34 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo imprisonment for life & fine of Rs.2,000/-, in default to undergo additional R.I. for 01 month.

(2.) The facts of the case, in brief, are that deceased Ramkhilawan and accused persons were originally residents of village Pauna and there exists old enmity between them. However, at the relevant time the deceased was working and residing at village Kendabaad, whereas accused persons were residing at village Kharora. On 16.7.2009 when the deceased was going on his bicycle towards Daandjangdi School, the accused persons met him on the way and committed his murder by causing multiple injuries to him by axe and stick. On the basis of information given by Shrawan Kumar (PW-1), dehati FIR (Ex.P-3) was recorded on 16.7.2009 itself. Dehati Merg Intimation was recorded vide Ex.P-2. Inquest was prepared vide Ex.P-5 on 16.7.2009. Numbered Merg was recorded vide Ex.P-37 on 17.7.2009 and number FIR (Ex.P-36) was registered under Section 302/34 IPC against 3-4 unknown persons. Body of deceased was sent for postmortem examination which was conducted by Dr. Nandraj Kanwar (PW-13) who noticed following injuries;-

(3.) After completion of investigation, charge sheet was filed against the accused persons under Sections 302/34 IPC and accordingly the charge was framed against them by the trial Court. The prosecution in order to substantiate its stand, examined 23 witnesses and exhibited a number of documents. Statements of the accused persons were recorded under Section 313 of 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.