RAM VICHAR @ VIMAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 14.10.2004 passed by the 3rd Additional Sessions Judge, Ambikapur (Sarguja) in Special S.T. No.321/2001 convicting the accused/appellants under Sections 302/149, 325/149, 323/149, 147/149 and 148/149 of the Indian Penal (for short 'the IPC') and sentencing each of them to undergo R.I. for life and fine of Rs.5,000/-; R.I. for 4 years and fine of Rs.1,000/-; R.I. for 6 months; RI for 6 months and R.I. for 1 year, with default stipulations, respectively.

(2.) As per the prosecution case, the accused party and the complainant party are relatives and there was a land dispute between the parties. On 2.7.2011 at about 8.30 a.m. the accused persons armed with club, axe and spear had gone to the field of Lalta Prasad (PW-13) and caused injuries to Shobhnath (since deceased), Ramprakash (PW-11) and Lalta Prasad (PW- 13). Incident was witnessed by Ramvilas (PW-2) and Dharmu (PW-9). The injured were immediately taken to the hospital where Ramprakash (PW- 11) was medically examined vide Ex.P-16, Lalta Prasad (PW-13) vide Ex.P-17 and Shobhnath vide Ex.P-17 by the doctor (PW-17). On report being lodged by Lalta PW-13, FIR (Ex.P-31) was registered on 2.7.2001 under Sections 147, 148, 149, 447 and 307/34 IPC against as many as seven accused persons including juvenile accused Babla. However, during the course of treatment Shobhram succumbed to his injuries and after his death, the offence was converted to the offence of murder. Unnumbered Merg Intimation (Ex.P-35) and numbered Merg (Ex.P-35A) was registered on the basis of oral information given by Lalta Prasad (PW-13).

(3.) Accused No.5 Ramchandar is also said to have suffered injuries in the incident, who was medically examined vide Ex.D-4, and on his report, FIR (Ex.D-5) was also registered against Ramprakash (PW-11) and deceased Shobhnath under Sections 324, 294/34 IPC.