RAM KUMAR SIVARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of the same incident, they are being disposed of by this common judgment.

(2.) These appeals are directed against the judgment of conviction and order of sentence dated 28.6.2011 passed by the Additional Sessions Judge, Durg in S.T. No.34/10 convicting the accused/appellants under Section 302/34 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo imprisonment for life & fine of Rs.5,000/-, in default to undergo additional R.I. for 06 months.

(3.) The prosecution story, in brief, is that on 5.1.2010 at 12.00 noon Merg Intimation (Ex.P-1) was lodged one Sandeep Kumar Pal (PW-1) alleging in it that on that day at about 10.30 a.m. he along with friend Anil Bhoyar (since deceased) was returning after answering the call of nature. On the way i.e. near the government hospital, they met accused Ramkumar Sivare & Bhuneshwar. Both the accused persons while saying to Anil that he has falsely implicated Manoj (acquitted accused) in the case of eve teasing, caught hold of him and accused Ramkunar Sivare assaulted on his stomach & neck by Khukhri (a kind of knife). Accused Bhuneshwar also assaulted him by sword-stick (gupti) as a result of which he started bleeding profusely and became unconscious. It is further alleged that accused persons chased him also, however, he managed to flee. He informed about the incident to the family members of the deceased. The deceased was taken to the hospital where he was declared brought dead by the doctors. After lodging merg intimation at 12.05 p.m., FIR (Ex.P-2) was registered against the accused persons under Section 302/34 of IPC. MLC of Sandeep Kumar Pal (PW-1) was done vide Ex.P-20. Inquest was prepared vide Ex.P-5. Body of the deceased was sent for post-mortem which was conducted by Dr. V.S. Baghel (PW-3) on 5.1.2010 vide Ex.P-12 and noticed following injuries:-