SONRAJ JANGADE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this appeal under Section 374 (2) of the Cr. P. C. the appellants have questioned legality and correctness of the judgment of conviction and order of sentence dated 18-10-2002 passed by the 2nd Additional Sessions Judge (F. T. C.), Mungeli in Sessions Trial No. 402/2000, whereby learned Additional Sessions Judge after holding the accused/appellants guilty for commission of offence under Sections 302, 302 in the alternative 302 read with sections 34 and 302 read with Section 34 of the I. P. C. for committing the murders of sidhram and Yashwant, sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R. I. for six months, on each count. It was further directed that the substantive sentences shall run concurrently.

(2.) CASE of the prosecution, in brief, is that Deepa Kumari (PW-4) is sister of deceased Yashwant, she was residing along with her brother in Old Basti of Village, lachanpur, whereas, Kirti Kumari (PW 8) is daughter of deceased Sidhram, she was residing along with her father in New Basti of village, Lachanpur. Accused Sonraj is also resident of the same village and he is father of accused/appellant Daneshwar.

(3.) ON the occasion of the festival of Lord ganesh, deity of Lord Ganesh was installed publicly in the public street in front of the house of Gokul Pusad. In the morning of 3-9-2000, Kirti Kumari (PW-8) was cooking meal in her house, whereas her father sidhram was sitting near the corridor of his house, at that time, Yashwant, nephew of kirti Kumari, came running from the place of Lord Ganesh festival and entered the house of Kirti Kumari. After picking up Lathi, yashwant went outside the house saying that a quarrel has taken place with the accused persons. In the mean time, the accused persons also came running towards the house of Kirti Kumari. Accused Sonraj was carrying tabbal, whereas accused daneshwar was carrying lathi, they started abusing in filthy language on which Sidhram enquired as to what has happened. On that, sonraj attacked Sidhram with tabbal on his head and accused Daneshwar attacked sidhram with lathi on his head as a result of which Sidhram fell down on the ground. Thereafter, Sonraj attacked Yashwant on his head with tabbal 3-4 times and accused daneshwar also attacked him with lathi. The accused persons ran away from the scene of occurrence. Bodies and clothes of both the injured persons namely, Sidhram and yashwant were drenched with blood. When sidhram and Yashwant were being taken to mungeli hospital in a bullock cart, by the time the bullock cart reached Fasterpur, both the injured succumbed to the injuries sustained by them. Kirti Kumari (PW 8) gave dehati Merg intimation Ex. P-10 at fasterpur in connection with the death of sidhram and based on that, merg intimation Ex. P-10a was registered at Police Station; Kunda. Based on the information of kirti Kumari (PW 8), Dehati Nalishi Ex. P-9 was given to Virendra Kumar Singh (PW-11)in Village Fasterpur and first information report Ex. P-9a was registered at Police Station; Kunda. In respect of the death of yashwant, Dehati merg intimation Ex. P-11 was given and based on that, merg intimation Ex. P-11a was registered in police Station, Kunda. Investigation was conducted by a. R. Sahu (PW-10), Assistant Sub Inspector and Virendra Kumar Singh (PW-11), sub-Inspector.