RAM KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29.10.2010 passed by the Fifth Additional Sessions Judge, Bilaspur in ST No.279/2002 convicting each of the appellants under Sections 302/149, 147 of IPC and sentencing them to undergo imprisonment for life, pay a fine of Rs.500/- and RI for two years, fine of Rs.500/- with default stipulations respectively.

(2.) As per prosecution case, on account of previous enmity, on 15.1.2002 at about 5 pm the accused/appellants, deceased accused Sukhdev and two others caused injuries to deceased Kartikram by means of club resulting in his instantaneous death. First the incident was witnessed by PW-2 Ramdas who immediately called Ramphal, Ramvilas, Shyamkali and Narayan who were in adjacent house and then all of them reached the place of occurrence and saw the accused persons assaulting the deceased. After commission of the offence, the accused persons fled from the spot. FIR (Ex.P/3) was lodged on 15.1.2002 at 11 pm by the eyewitness Ramdas (PW-2) against the accused persons under Sections 147, 148, 302 of IPC. Inquest over the dead body was conducted on 16.1.2002 vide Ex.P/4 and thereafter, the body was sent for postmortem which was conducted on the same day vide Ex.P/1 by PW-1 Dr. Kiran Nahrel, who noticed as many as seven injuries on the person of the deceased and opined that the cause of death was shock caused by internal and external hemorrhage.

(3.) Counsel for the appellants submits as under: ? that in the earlier statements made by the eyewitnesses the deceased was caused injuries by a club and tabbal (crowbar) whereas after judgment of this Court dated 10.11.2009 passed in CRR No.13/2013, in re-trial all the witnesses have stated that the injuries were caused by the accused persons by club. ? that earlier Sukhiram, from the side of the accused persons, had lodged a report against Rajkumar, Kartikram, Ramphal, Ramdas and Ramnarayan under Sections 147, 294, 506 Part-II and 323 of IPC and in retaliation, the present case has been registered against the accused/appellants in which the persons who were named earlier as accused have become eyewitness to the incident. that only one club is said to have been seized from the possession of accused/appellant Ramkumar whereas as per eyewitnesses injuries have been caused by all the accused persons and that no weapon has been seized from other accused persons.