RAM RATAN SURYAVASNSHI Vs. STATE OF C.G.

JUDGEMENT

(1.) These appeals are directed against the impugned judgment of conviction and order of sentences dated 23.07.2011 passed in S.T. No. 34 of 2011 by the First Additional Sessions Judge, Bilaspur, by which the appellants have been held guilty of commission of offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 500/- each, in default of payment of fine, to further undergo additional R.I., for 3 months.

(2.) According to the prosecution story, on the date of incident at about 5.00 p.m., in the evening, P.W.1 Ganesha Bai, wife of deceased, was being maltreated and abused by the deceased and at that time all of a sudden, the elder brother of deceased, namely Ramratan Suryavanshi (appellant of Criminal Appeal No. 712 of 2011) and his wife Laxmin Bai (appellant of Criminal Appeal No. 720/2011) arrived at the spot and assaulted the deceased. It is stated that because of the assault made by hands and fists and bamboo club, deceased Laxmi Prasad sustained injuries on his chest as also head which proved to be fatal due to which he succumbed to death.

(3.) On the report of Ganesha Bai (P.W.1), wife of deceased, FIR (Ex.P.2) was registered by the police on 27.12.2010 at about 19.15 hours against the appellants for the alleged commission of offence punishable under sections 302, 324, 294 read with section 34 IPC. After usual investigation and on recording statements of witnesses under section 161 Cr.P.C., 1973 obtaining postmortem report and collecting blood stained soil from the spot as also clothes of the deceased and the appellants which were sent for FSL examination, charge sheet was filed against the appellants for the alleged commission of offence under sections 302, 324, 294 read with section 34 IPC. Upon committal, the appellants were charged for commission of offence and they having abjured their guilt were tried for commission of offence as alleged.