MUKESH KUMAR @ KHANNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the cases have arisen from the judgment dated 30-01-2004 passed by Third Additional Sessions Judge, Bilaspur in Sessions Trial No.187 of 2003, hence are being disposed of by a common judgment.

(2.) The case of the prosecution in brief is that about a week before the incident, a dispute arose between the brother of Awadhesh, Complainant Ashwani Kumar Patel (PW-6) and other boys at the time of playing cricket, for which reason some exchange of blows took place between Awadhesh and others. One deceased Anandram came to know of this incident, he scolded the son of Budhwa and grand son of Budhwa on 26-02-2003 warned them not to engage in such fight in future and he returned. They quarreled with Anandram and threatened to kill him. On 27-02-2003, Anandram was present on the spot of construction of a new house, where the appellants came armed with clubs and battle axes, with common intention all of them abused Anandram with filthy words threatened to kill him and then assaulted him with clubs and battle axes causing various injuries on the body of Anandram.

(3.) FIR was lodged by Ashwani Kumar Patel (PW-6), son of deceased Anandram on 27-02-2003 at 9.55 P.M. in Police Station Sarkanda, Bilaspur by which offence under Sections 147, 148, 149, 294, 307, 506 B and 323 of the IPC were registered against the appellants and acquitted accused persons. Sukhiram @ Sukhandi (PW-1) was also injured in this incident because of assault made on him by the appellants. Sukhiram (PW-1) was medically examined for injuries by Doctor M. Pandey (PW-19) vide Ex. P.50 on finding injuries on his body advised for X-ray examination. Anandram (deceased) was also brought for examination of injuries in his person, who had lacerated wounds on left elbow below right knee, a big swelling on his left thigh, swelling on right ankle joint and one lacerated wound on back portion of his head, these injuries were reported vide Ex. P-51 and it was opined that injuries were caused by hard and blunt object. Anandram Patel succumbed to his injuries and died on the same day of incident. Inquest on the dead body was conducted vide Ex. P-5. Postmortem on the dead body of the deceased was conducted by Dr. R. Jitpure (PW-17) vide Ex. P-47 who found bony injuries on right leg below the knee, on left leg above the knee, left upper arm with lacerations and lacerated wound on the back side of the head of the deceased, on the basis of which he opined that cause of death was shock and hemorrhage because of anti-mortem injuries.