RAMNATH @ RAMHU @ DHONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 26.08.2014 passed by the learned Second Additional Sessions Judge, Rajnandgaon in Sessions Trial No. 78/2012, whereby learned Second Additional Sessions Judge convicted the appellant for the offence punishable under Sections 450, 307 and 324 of the IPC and sentenced him to undergo rigorous imprisonment for five years and to pay fine of Rs. 200/- in default of payment of fine, to further undergo rigorous imprisonment for two months, rigorous imprisonment for seven years and to pay fine of Rs. 200/-(two counts) in default of payment of fine, to further undergo rigorous imprisonment for two months (two counts), rigorous imprisonment for three years, respectively with a direction to run the sentences concurrently.

(2.) As per the case of the prosecution, a Dhaba namely Chanchal Dhaba was situated at village Mohndi, Police Station- Ghumka, where complainant Mujibkhan was working as a cook. He lodged Dehatinalishi (Ex.P-13) on 22.10.2012 at 1.10 PM that on 21.10.2012 at about 9.00 PM, after closing the Dhaba, Geeta Bai, who was working as a maid in the said Dhaba, was sleeping with her children namely Surendra Sahu and Narad Sahu in a room of the Dhaba. Complainant Mujibkhan was also sleeping in the same room. In the night, at about 1-2 AM, the appellant, who had also been employed in the Dhaba earlier and was removed from the service by the owner of the Dhaba, came inside the Dhabha by jumping the main gate of the Dhaba and picked up a spade lying near the counter. After hearing chirm of the appellant, complainant Mujibkhan got up. The appellant asked the complainant that how did he sleep with Geeta Bai, while she was kept by him. He also said to the complainant that he will kill him and on the same day he assaulted the complainant by the spade on the head. Geeta Bai got up and intervened between them. The appellant also assaulted Geeta Bai with the spade, as a result of which, she sustained injuries on her cheek, wrist and elbow. The appellant further assaulted on the head of Surendra and Narad as a result of which they sustained injuries. The appellant after the assaults leaving the spade at the place of incident fled from there to village Mohndi and narrated the incident to Nilambar Sahu (PW-2) and Fattelal (PW-3).

(3.) On the complaint of complainant Mujibkhan, Dehatinalishi was registered vide Ex.P-13. Later on, First Information Report (Ex.P-22) was registered against the appellant by Police Station Ghumka for the offences punishable under Sections 307, 323 and 324 of the IPC. Memorandum statement of the appellant was recorded vide Ex.P-1. At his instance, weapon of assault i.e. spade, blood stained material and a blood stained empty bottle of Kinley make were recovered and seized vide Ex.P-2. Blood stained full shirt and full pant of the appellant were also seized vide Ex.P.-3. Blood stained T-shirt of Surendra was seized from Geeta Bai vide Ex.P-4. A green colour Hero bicycle was seized from Bijeram (PW-6) vide Ex.P-5. Injured persons were medically examined by two doctors and query report was submitted by Dr. R. K. Nayak (PW-16) vide Ex.P 15A, Ex.P-16A and Ex.P-17 A, in respect of injured Geeta Bai, Surendra and Narad. Statements of witnesses under Section 161 Cr.P.C. were recorded.