BIRBAL RAM YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the judgment of conviction and order of sentence dated 25.6.2014 passed by the First Additional Sessions Judge, Surguja (Ambikapur) in ST No.464/2009 convicting them under Sections 148, 324/149, 302/149 of IPC and sentencing them to undergo RI for three years, RI for three years and imprisonment for life and to pay a fine of Rs.5000/- with default stipulation respectively. Though the appellants have been convicted under Section 147 of IPC also, but no separate sentence has been awarded thereunder.

(2.) Brief facts of the case are that on the day of Rakshabandha i.e. 5.8.2009 deceased Amit Kumar Vaishnav, Sanjay Kumar and Ramesh Kumar had gone to the house of accused No.3 Jagatram and there all the accused persons except Accused No.5 Muneshwar and Accused No.9 Dhaneshwar Prasad, consumed liquor and ganja together. It is said that in the house of Jagatram there was some hot talk between accused No.1 Amar Sai and the deceased, the said dispute was pacified by PW-2 Sanjay Kumar and accused No.7 Premkumar. From the house of Jagatram, all these persons went to the house of accused No.5 Muneshwar and there also they consumed liquor and it is said that all the accused persons including accused No.9 Dhaneshwar assaulted deceased Amit Kumar Vaishnav by sword, club and axe. Accused Amar Sai, Muneshwar and Dhaneshwar assaulted by sword, accused Jagatram and Shankar by axe whereas accused Premkumar assaulted by club. When Sanjay Kumar and Ramesh intervened, they too were assaulted by them. On the report of Muneshwar Das (PW-3), Dehati Nalishi Ex.P/5 was registered on 5.8.2009 at 11.30 pm naming 9 accused persons except A-9 Dhaneshwar. Immediately thereafter Dehati Merg Intimation Ex.P/4 was registered and FIR (Ex.P/34) was also registered on 6.8.2009 against 9 accused persons except A-9 Dhaneshwar under Sections 147, 148, 149, 302 of IPC and Section 25 of the Arms Act. Numbered merg intimation Ex.P/35 was recorded on 6.8.2009. Inquest over the dead body was conducted on 6.8.2009 vide Ex.P/2 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-14 Dr. KR Tekam vide Ex.P/55. He noticed incised wound on his back, cutting of left scapula clavicle and 1st, 2nd, 3rd and 4th rib and left hand's humerus head was also cut, there was cut injury on the left side of abdomen from which intestine had come out, incised wound on the left elbow, forehead, right shoulder, right side of head and on left hand and further he noticed cutting of radio ulna bone of left hand. In his opinion, the cause of death was shock due to excessive hemorrhage caused by multiple injury leading to cardio-pulmonory arrest and that the nature of death was homicidal.

(3.) So as to hold the accused/appellants guilty, the prosecution examined 17 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examined 9 witnesses.