BHARAT SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE 9th Additional Sessions Judge (F. T. C), Raipur, has convicted and sentenced the appellants in sessions Trial No. 402/2000 by judgment and order dated 28. 12. 2002. All the appellants have been convicted u/s 302/34 I. P. C. and sentenced to undergo imprisonment for life. In addition to it, appellants Bharat, shankar and T. Jagannath @ Jagga have also been convicted u/s 323 I. P. C. and sentenced to undergo R. I. for six months, with further direction to run the sentences concurrently. The appellants were charged u/s 302/34 I. P. C. , for committing murder of harendrapal. They were also charged u/s 307 I. P. C. for attempting life of Balkishan (P. W. 16 ). Shankar and T. Jagannath @ jagga were also charged u/s 323 I. P. C. for causing simple injuries to Tara Devi (P. W. 15 ).

(2.) THE case of the prosecution is that on 28. 8. 2000 at about 10. 30 p. m. Tara Bai (P. W. 15) gave Dehati Nalishi (Ex. P. 19) in mission Hospital, Tilda to A. S. I. , Ram kumar Vaishnav (P. W. 12) to the effect that on 28. 8. 2000 at about 9 O' clock they were sleeping in their house. About 10. 30 they heard hue and cry of their elder son namely harendra (since deceased ). When she along-with her husband and daughter Kavita came out from the house, they saw that harendra was being beaten by Shankar gond, Jagga Telugu, Motali @ Bhola Gond and Bharat Thakur. They were beating him with Shovel, wooden-club and stones. When they tried to intervene, the appellants also assaulted her (Tara Bai) and her husband balkishan. Thereafter, Dehati Merg intimation, Ex. P. 20 was recorded, based on which, first Information Report Ex. P. 21 was recorded. The information regarding death of harendrapal was also recorded under Ex. P. 22. The investigating officer gave notice to the Panchas under Ex. P. 25, prepared inquest on the body of the deceased under ex. P. 26. Plain soil, blood stained soil along-with a piece of brass chain, one iron chain and a blood stained boulder were seized from the place of occurrence vide Ex. P. 26. The site plan was prepared under Ex. P. 7 by A. S. I. , Satyendra Pandey (P. W-18 ). Another site plan was prepared under Ex. P. 13 by Patwari. The dying declaration of balkishan was recorded under Ex. P. 12. After taking accused persons into custody, memorandum of accused Shankar was recorded under Ex. P. 1, based on which, shovel and its broken wooden handle were seized under Ex. P. 2. Memorandum of accused T. Jagannath was recorded under Ex. P. 3 based on which a club was seized under Ex. P. 4, memorandum of Bholanath @ Motali was recorded under Ex. P. 5, based on which another club was seized under Ex. P. 6. The seized articles were sent to Forensic Science laboratory, Raipur, from where report Ex. jury no. 6, 2 cms x 1. 5 cms x muscle deep; (viii) One lacerated wound over left ankle of foot 5 cms x 2 cms x bone deep having depressed fracture of underlying bone; (ix) One contusion bluish colored over right flank of abdomen. In the internal examination, clotted blood was found beneath the head injury. There was depressed fracture of temporal and parietal bone. Brain membrane and some portion of brain were lacerated. Sterno clavicalar bone was also fractured.

(3.) AFTER usual investigation, the charge sheet was filed in the Court of J. M. F. C. , raipur, who in turn committed the case to the Sessions Judge, Raipur, from where it was received on transfer by the 9th Addl. Sessions Judge (F. T. C), who conducted the trial and convicted and sentenced the accused appellants as aforementioned.