POYAMI BONDA SON OF BOGI MADIYA Vs. STATE OF CHHATTISGARH, THROUGH PS KODENAR, DISTRICT BASTAR, CHHATTISGARH

JUDGEMENT

(1.) The present appeal was filed from Jail through the High Court Legal Services Committee on 11.9.2001. None appeared for the Appellant on 27.1.2016 and 26.2.2016. We then requested Shri Aditya Khare, Advocate who is also in the panel of High Court Legal Services Committee to assist us in disposal of the appeal. The Appellants are tribals with limited resources.

(2.) The Appellants stand convicted under Sec. 302/34 Penal Code to life imprisonment with fine of Rs.200.00 in the event of failure to pay which they were required to undergo further six months rigorous imprisonment each ordered by the 1st Additional Sessions Judge, Bastar, dated 23.7.2001 in Sessions Trial No. 242 of 2001.

(3.) Poyami Dole (PW-2), wife of the deceased lodged FIR (Exhibit P-4) on 18.3.2001 at about 13:30 hours against the Appellants for having assaulted her husband on 16.3.2001 at about 4:00 pm. The Appellants had mortgaged their lands to the deceased for Rs.600.00 and wanted it back. They had threatened to assault on the previous day also with a Tangi but was dissuaded by the witness from doing so. On the fateful day they came and asked the deceased to accompany them for a Panchayat, consumed liquor together at the house of the deceased and then assaulted him.