DASHRATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentences dated 26th July, 2001 passed by the 5th Additional Sessions Judge, Bilaspur in Sessions Trial No. 466/ 2000, whereby the appellants were convicted under Sections 323/34, 325/34 & 302/ 34 Indian Penal Code and sentenced to undergo R.I. for 3 months and fine of Rs. 100, R.I. for 3 years and fine of Rs.1,000 & imprisonment for life and fine of Rs. 5,000 with default sentences and with a further direction to run the sentences consecutively.

(2.) During the pendency of this appeal, appellant Julus (appellant No.3) died on 24.9.2003 and no steps have been taken for his substitution, therefore, the appeal filed on behalf of this appellant stands abated.

(3.) The case of the prosecution is that appellant Gandhi had taken a loan of Rs. 300 from the father of the complainant Vinod Kumar (PW1) one year prior to the date of incident, which took place on 29.8.2000. On the said day at about 2.00 p.m., appellant Gandhi, armed with Lathi, came in front of house of the complainant and started abusing his father by using filthy language. He was calling him for fight. The family members did not come out from the house, on which, he returned back. Thereafter, at about 5.00 p.m. when Ramkisun (father of the complainant since deceased) was returning from his Badi, on the way, he was stopped by appellants Gandhi, Julus, Dashrath and Ramswaroop. They were armed with Lathis. They started beating the deceased, who fell down on the ground. When his sons, complainant Vinod Kumar (PW1), Laxmi Prasad (PW2) and wife Krishna Bai (PW10) went for his rescue, they were also assaulted by the accused persons. The incident was witnessed by Shiv Kumar Sarthi (PW12), Ram Kumar Yadav (PW13), Ramesh Yadav, Kamta Yadav and Pandu etc. On account of injuries, Ramkisun became unconscious. He was taken to the police station and to District Hospital, Bilaspur, where he died on the same day at about 9.30 p.m. A report was lodged in police station, Sarkanda under Ex. P.1 and the matter was taken up for investigation.