RAMCHANDRAN Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) CRIMINAL appeal No. 344/2001 and Criminal Appeal no. 382/01 are being decided by this common judgment, as both these appeals are arising out of the judgment dated 30-3-2001 passed by learned Additional Sessions judge, Janjgir in Sessions Trial No. 32/97 whereby learned Additional Sessions Judge after holding the appellants guilty for causing deaths of deceased Tulsiram, Bullu kashyap and Kachra Bai, convicted them under Section 302/34 of the Indian Penal code and sentenced each of them to undergo r. I. for life and pay a fine of Rs. 200/- for each murder. It has been further directed that all the sentences shall run concurrently.

(2.) CASE of the prosecution, as unfolded from the charge-sheet, F. I. R. and statement of witnesses, is that deceased Tulsiram, chintraram, father of appellant Ramcharan, maniram, father of appellant Rampyare and desrath were brothers. Appellant Mohitram and Ramawtar are sons of Rampyare. Before the date of incident Dashrath had died leaving behind two daughters, partition had taken place in the family and each share holder get 2. 5 acre of agricultural land in partition, dwelling house was also partitioned and there was a dispute regarding share of Dashrath. From the evidence available on record it also appears that share of radhabai, widow of Dashrath, was in possession of deceased Tulsiram. A Panchayat was convened by Rampyare to resolve the family dispute. Tulsiram had stocked 8-10 gada of soil before the door of accused rampyare.

(3.) INVESTIGATION of the offence was commenced after report (Ex. P-1) was lodged by nanki Noni, wife of deceased Bullu Ram kashyap at about 3. 35 p. m. on 13-10-1996 in the Police Station Janjgir mentioning therein that she resides at Pendri with her father-in-law, Rampyare, son of Maniram, resides nearby her house, the quarrel had ensued between Tulsiram and Rampyare some five years back in connection with encroachment of Government land and today, tulsiram and her husband were affixing pegs over the above encroached land and because of this Mohitram, Ramawtar, rampyare and Ramcharan together picked up the quarrel with Kachara Bai in the afternoon at about 2. 00 p. m. on the backyard of the house. Hearing this, her father-in-law went there, whereupon all the four started assaulting him. Mohitram assaulted him with rod and Ramawtar, Ramcharan and rampyare assaulted him by lathi as a result of which her father-in-law fell down there. Her mother-in-law tried to intervene, whereupon she was also assaulted by them and she also fell down there. Thereafter, all of them went to the house of Bhuwan kashyap where her husband was sitting and assaulted him with lathi and rod. They dragged him towards her house. Mohitram brought heavy hammer from his house and assaulted her husband over his head in her house, as a result of which he died. Thereafter, Mohitram went behind the house in the kitchen garden and assaulted her father-in-law and mother-in-law over their head by heavy hammer as a result of which both of them died. All the four accused persons started searching her son Raju, who had fled out of fear. Dead body of her husband is lying in the courtyard of her house. Dead body of her mother-in-law is also lying in the courtyard, whereas, dead body of her father-in-law is lying in the kitchen garden. Maarpeet was witnessed by Manharan Gond, her daughter Vimla, Pramila, Raju, Jankibai and Suresh. On the basis of information of complainant Nanki Noni, merg intimation of ex. P-50 of Tulsiram, Ex. P-51 of Kachra Bai and Ex. P-52 of Bullu Kashyap were recorded.