SURJAN RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Criminal Appeal No. 1106/2001 filed by Surjan Ram, Criminal Appeal No. 1182/2001 filed by Bechan Ram, Criminal Appeal No. 1211/2001 filed by Achambhit Ram and Others and Criminal Revision No. 551/2001 filed by Puranram and another are arising out of the same judgment dated 16.10.2001 passed by the Additional Sessions Judge, Surajpur, District Surguja, in S. T. No. 7/2000, therefore, all the three appeals and revision are being disposed of by this common judgment.

(2.) The accused-appellants have preferred these appeals questioning legality and correctness of the judgment of conviction and order of sentence dated 16.10.2001 passed by the Additional Sessions Judge Surajpur, District Surguja in S. T. No.7/2000 whereby learned Additional Sessions Judge after convicting accused persons namely, Achambhit Ram, Dharampal Das. Paldas, Nohar Das, Surjan, Lakhan Ram, Harihar Das & Bechan Ram for commission of offence under Sections 147 and 302 of the I.P.C. for committing riot as members of unlawful assembly and for committing murders of Ramnarayan, Amar Sai, Jagdhari and Palva @ Ramnath, sentenced each of the accused to undergo R.I. for 1 year under Section 147 of the IPC and under Section 302 IPC to un- dergo imprisonment for life and to pay a fine of Rs.500, in default of payment of fine to further undergo RI for 5 months for each murder. However, learned Additional Session Judge acquitted accused persons namely, Chhotku @ Ramprasad, Hulas Ram, Dhani @ Dhaneshwar, Bhorlu @ Mohan Ram, Shyam Das @ Amdalha, Dashai Ram, Ramdev and Baldev of all the charges.

(3.) The case of the prosecution, in brief, is that on 2.10.1999 at about 5.00 p.m. Ram- narayan, Amar Sai, Jagdhari and Palva @ Ramnath (all deceased) along with Gulab Das (PW 15) and Kripa Shankar Singh (PW16) went to village Sukhri. They were sitting at the residence of Bishun Ram (PW1). At that time, 200-300 persons carrying lathi, club and axe came on the spot. They started attacking Ramnarayan, Amar Sai, Jagdhari, Palva @ Ramnath, Kripa Shankar (PW16) and Gulab Das (PW15). First of all, they encircled Jagdhari, they attacked him, as a result of which he fell down, thereafter they attacked Ramnarayan and Palva @ Ramnath, they also fell down. Thereafter, they attacked Amar Sai in the field which was on the east side of the house, he also fell down. All the four persons succumbed to the injuries spontaneously. However, somehow, Kripashankar and Gulab managed to escape and ran away towards the forest. Kripashankar was carrying sword which was thrown by him in the house of Bishun, which was picked up by one Ramdev. Amar Sai was carrying Gupti, same was taken by whom is not known. The accused persons having formed common object indulged in the Marpeet. Accused Chhotku, Achambhit, Dharmapal, his younger brother Pal, Pulas, Dhani, Bhurlu, Shyam Gond, Nohar Das, Baldev, Harijan, Surjan, Lakhanram, Dashai, Ramdev, Harihar and one Rorwa, resident of Chirmiri were involved in the Marpeet. These persons attacked with Lathi and Thenga.