RAMPHAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal is filed by the accused/appellant against the judgment and order dtd. 31/3/2001 passed by the learned Additional Sessions Judge, Mungeli in Session Trial No. 294/1999 whereby the appellant has been convicted for having committed an offence punishable under Sec. 302 of the Indian Penal Code (hereinafter referred as 'IPC') and sentenced to undergo imprisonment for life with fine of Rs.1,000.00. In default of payment of fine amount, he would further have to undergo rigorous imprisonment for three months. While convicting the appellant as such, the learned trial Court has acquitted co-accused Vinod Kumar for having committed an offence punishable under Ss. 302/34 of the IPC and against the said acquittal, criminal revision has been instituted before this Court by deceased's brother Ram Saran Lodhi. The said criminal revision which was registered as Criminal Revision No. 307 of 2001, has been dismissed by Division Bench of this Court vide its order dtd. 24/6/2016.

(2.) The prosecution story, briefly stated, is that, in the intervening night of 1st and 2nd of June,1999 the deceased Ramavtar who was sleeping at the Verandah of his house along with his wife Smt. Rekha Verma (PW-5), had shouted at about 1.00 AM (in the night) that Ramphal has assaulted him with Gaiti (a big iron instrument for digging earth). At the relevant time, other family members i.e. (nephew) Rajesh Kumar (PW-1), mother- Sonbai (PW-2), brother- Ram Sharan Lodhi (PW-6) and brother's wife Jamna Bai, who were sleeping on the roof on their house have rushed towards him and saw that Ramphal was running away from the spot with Gaiti through lane (Gali) after assaulting him (Ramavtar), while other co-accused Vinod Kumar had followed him. They also saw that the deceased Ramavtar has received injuries on his chest and the blood was coming out due to the said injury.

(3.) Based upon the aforesaid incident, the Merg intimation (Exhibit P-15) and then the First Information Report (Exhibit P-18) was lodged by Rajesh Kumar, the nephew of the deceased immediately after the occurrence of the said incident in the morning at about 6.15 AM on 2/6/1999 by narrating the aforesaid incident.