(1.) CHALLENGE is made to the judgment of conviction and order of sentence dated 25. 2. 2003 passed by the IV Additional Sessions Judge, Durg, in s. T. No. 197/2001 whereby all the appellants have been convicted under Section 302 read with Section 34 of I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500, in default of payment of fine, to further undergo S. I. for 3 months. Appellants No. 2 and 3 have also been convicted under Section 323 of I. P. C. and sentenced to undergo simple imprisonment for 3 months with a further direction to run the sentences concurrently.
(2.) THE allegations are that on 18. 12. 2000 at about 3 p. m. , all the appellants, in furtherance of their common intention, committed murder of deceased Niranjan Tank by assaulting him with spade and lathi and they also caused simple injuries to Milauram (PW12 ). The brief facts are that on the date of incident, the tractor and trolley belonging to the deceased Niranjan Tank was carrying manure to his fields. When it reached to the fields of accused persons, angle of trolley was broken, due to which, the driver and labourer unloaded the manure near the fields of accused persons and driver took the unloaded tractor to the deceased who directed that the tractor be sent for repairs, but by that time Umend, Aska-ran and Chandrikabai (all the appellants)and Ku. Geeta gathered near their fields and they stopped the Tractor on the way, on which Lekhram informed Niranjan Tank. When he received message he along with his servant Milauram (PW12) came to the field on his Motorcycle. The accused persons said to the deceased as to why the manure was unloaded in their field, on which, the deceased replied that since there was brake-down in the tractor, it was unloaded there. It is on this, accused Askaran, abusing the deceased, attacked on his head by a lathi due to which he fell down. Thereafter, accused Umend and chandrika Bai also attacked the deceased on his head and face with Spade. When Milauram tried to intervene, he was also assaulted. He ran away and called the labourers. Looking to this, the accused persons ran away from the place of occurrence. Niranjan Tank was taken to sector-9 Hospital where he was declared dead by the Doctors. The report of the incident was lodged in Pulgaon Police Station by Milauram (PW12 ).
(3.) RECEIVING the First Information Report ex. P15, the Investigating Officer left for the place of occurrence. Site Plan Ex. P5 was prepared. Panchnama of the spot inspection ex. P6 was also prepared. The blood stained and plain soil was seized from the place of occurrence under Ex. P7. The clothes of accused Askaran were seized under Ex. P12. Notices to Panch witnesses were given and panchnama on the body of deceased was prepared under Ex. P20. The body of the deceased was sent for post-mortem examination to District Hospital, Durg, under Ex. P2. The post-mortem was conducted by Dr. S. R. Churendra (PW11) who prepared his report (Ex. P13 ). Injured Milauram (PW12)was also sent for medical examination and was examined by Dr. Lal Mohammad (PW19), who prepared his report Ex. P30. Another site plan was prepared by Halka patwari under Ex. P16. After taking the accused Umend into custody, his memorandum, Ex. P11, was recorded. The memorandum of Chandrika Bai was recorded under ex. P21. Memorandum of Askaran was also recorded under Ex. P22. In pursuance of the memorandum of Chandrika Bai, one spade was recovered under Ex. P17. In pursuance of memorandum of Askaran one lathi was seized under Ex. P16 and in pursuance of memorandum of Umend, another spade was seized under Ex. P19. All the seized articles were sent for chemical examination to f. S. L. , Raipur, from where report Ex. P28 was received. According to the said report, the blood was found on all the seized articles, including weapons of the offence, except that on the plain soil. The articles were also sent for Serologist examination to kolkota from where report Ex. P29 was received. According to the Serologist report, articles 1, 2, 3, 4 and 5 which were clothes of the deceased were found stained with human blood and on articles 1, 2, 4 and 5, the blood was of B' group whereas the stains had disintegrated from articles 6, 7, 8, 9, 10 and 11 that is the weapons of offence etc. , therefore, their origin and blood group could not be determined.