GOPI PRASAD YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 20.09.2004 passed by the Additional Sessions Judge, Sarguja District Ambikapur, in S.T. No.254/97 convicting the accused/appellants under Sections 302 and 323 read with section 34 IPC and sentencing them to undergo imprisonment for life and S.I. for one month respectively.

(2.) As per the prosecution case, on 18.06.1997 at about 7.00 am, when deceased Savitri Bai and her other family members were working in their field, the appellants reached there and quarrel took place between them. According to the appellants, the field belongs to them whereas according to complainant party, it was their field and the same was sowed by them. After having hot talks, the accused persons caused injuries to deceased Savitri Bai, Baldev (PW/10) and Jitendra Yadav (PW/11) and in the same incident from the side of accused, appellant Santosh Yadav had also suffered injuries. Injured Savitri Bai was immediately taken to hospital where she was examined by Dr. Ramesh Kumar Tripathi (PW/13) vide Ex.P/34 who noticed swelling over right temporal bone, swelling over occipital bone with lacerated wound of 1 1/2 cm x 1/4 cm x 1/4 cm. The other injured Jitendra Yadav (PW/11) was medically examined by Dr. Ramesh Kumar Tripathi (PW/13) vide Ex.P/36 who noticed lacerated wound of 3 1/2 x 1/2 x 1/4 cm over scalp about 10 cm above left ear, swelling with tenderness over back of right hand, not able to flap his fingers and swelling with tenderness over left hand. Baldev (PW/10) was medically examined vide Ex.P/39 by Dr. T. Sai (PW/14) who noticed lacerated injury on temporal region of scalp in the size of 3 x 2 cm, lacerated injury on frontal region of scalp in the size of 4 x 2 cm and complaining pain on right arm. On same day i.e. on 18.06.1997, in the afternoon deceased Savitri Bai succumbed to her injuries during treatment. From the hospital, an information of the death was given to the police, based on which merg was recorded on 18.06.1997 itself and in the meanwhile at 9.00 am on the report lodged by Baldev (PW/10), FIR Ex.P/2 was registered against accused/appellants Sanjay Yadav, Santosh Yadav and Gopi Yadav under Section 307/34 IPC. After the death of deceased, inquest on her body was conducted on 18.06.1997 vide Ex.P/17 and dead body was sent for postmortem examination to Primary Health Center, Kusmi where Dr. Ramesh Kumar Tripathi (PW/13) conducted postmortem on body of deceased and gave his report Ex.P/38 noticing following injuries:-

(3.) A counter case was also registered against the Baldev (PW/10), Jitendra Yadav (PW/11) and Mithlesh Kumar (PW/12) under Sections 324 and 325/34 IPC, however, in Sessions Trial No.131/2000 these three persons have been acquitted holding the accused/appellants of the present case to be aggressor. After investigation, charge sheet was filed against the accused/appellants and one juvenile accused Pintoo @ Akshay and the trial Court framed charges under Sections 302/34 and 323/34 IPC against the accused/appellants, however, the juvenile accused Pintoo was tried separately by the Juvenile Justice Board.