MOHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) 01/11/2017 As the aforesaid two Criminal Appeals arise out of the same judgment dated 30.11.2009 passed by Additional Sessions Judge Janjgir Champa, in Sessions Trial No. 50/2009 convicting and sentencing the accused/appellants as described below, they are disposed of by this common judgment. Sumit Singh, Ravindra Agrawal

(2.) Name of the deceased in the present case is Ajay. As per the case of prosecution, on 20.11.2008 at 8 PM when injured Lakheswar (PW-1) resident of village Birghani was returning from the house of his brother Sudharam (PW-3) after taking dinner, on the way he heard accused Mohitram filthily abusing the village people. When PW-1 asked Mohitram as to why he was unnecessarily hurling abuses, he got annoyed, went inside the house, brought club and caused injury on his head resulting in bleeding. In the meanwhile, accused Mohit, Satya, Naresh and Kush also came there carrying club in their hands, started abusing and hurling threats of killing the members of complainant party. Thereupon, Ajay (deceased), Sanjay (PW-5) and Sudharam (PW-4) came out of the house and asked the accused persons not to abuse. Thereafter, accused Satya threw a stone at Lakheshwar (PW-1) whereas Sudharam was assaulted with club. As is apparent from the further prosecution story, it was a case of free fight between the two groups where members of both the groups suffered injuries. Ajay was medically examined on 20.11.2008 by Dr. U.K. Markam (PW-12) and as per his report contusion was present on his 6th and 7th ribs with swelling on mandible region. Injured Lakheswar (PW-1) was also examined by the same doctor and as per report there was lacerated wound on his scalp in the right temporal region whereas Sudharam (PW-4) suffered lacerated wound on scalp in the parietal region. Sanjay (PW-5) suffered lacerated wound on scalp in occipital - parietal region and Rakesh (PW-6) suffered abrasion in the left temporal region. After being medically examined, injured Ajay went back home and on the next day when he was again brought to the hospital, he was declared dead. First of all, the report Ex. D-9 was lodged by accused/appellant Satyanarayan alias Satya Sande against four injured persons namely Lakheswar Satnami, Sanjay Satnami, Sudharam Satnami, Rakesh Satnami and deceased Ajay Satnami for the offences under Sections 147, 148, 149, 294, 506 and 323 IPC. Thereafter, FIR Ex. P-1 was registered at the instance of Lakheswar (PW-1) against accused Satya Satnami, Mohitram Satnami, Mohan Satnami, Naresh Satnami and Kush Satnami for the offences punishable under the Sections of the Indian Penal Code. After the death of Ajay on 21.11.2008, information to that effect was sent by the hospital vide Ex. P-20, on the basis of which merg Ex. P-39 came to be recorded on the same day. On inquest being done vide Ex. P-5, body of the deceased was sent for postmortem examination which was conducted by Dr. U.K. Tiwari (PW-13) who gave his report Ex. P-21. On the memorandums of accused persons vide Ex. P-22 to P-26, seizure of club was made under Ex. P-27 to P-30. However, there is no FSL report on record. Trial Court then framed the charge against the accused/appellants under Sections 147, 148, 149, 302/149, 325/149, and 323/149 IPC thrice.

(3.) In order to prove its case the prosecution has examined 14 witnesses in support of its case. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied their guilt and pleaded innocence and false implication in the case. This apart, one witness (DW-1) has also been examined by the defence.