PHOOLSAI & OTHERS Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 18.09.2008 passed by the Additional Sessions Judge (FTC) Korba, in Sessions Trial No. 19/2007 convicting the accused/appellants under Sections 302 and 324 Penal Code and sentencing each of them to undergo imprisonment for life with fine of Rs. 5000.00 u/s 302 and rigorous imprisonment for one year with fine of Rs. 1000.00 u/s 324 IPC, plus default stipulations.

(2.) Case of the prosecution in brief is that accused/appellant Phoolsai had borrowed Rs. 20,000.00 from his brother Doojeram (PW- 10) but returned to him Rs. 15,000.00 only. When Doojeram made demand of the remaining amount of Rs. 5,000.00, accused Phoolsai refused to give the same saying that unless partition of the house which is unauthorizedly in possession of Doojeram was made properly, the remaining amount would not be given back. Further case of the prosecution is that on 5.12006 at about 7 PM when Doojeram was returning from the shop of Manoj Kumar and by the time he had reached the house of some D.S. Deheria, he saw the accused/appellants and the juvenile accused Tetku standing there carrying lathis, and on seeing him they abused and asked him to stop. On account of fear, Doojeram sat down in the veranda of D.S. Deharia and at that point of time son of Doojeram namely Laxminarayan also came there and on seeing him the accused persons further started abusing and assaulting him with clubs. In the said incident, Laxminarayan suffered head injury and fell down on the ground. On seeing this, when Doojeram tried to intervene, all the accused persons abused and assaulted him too with club causing number of injuries on various parts of his body. It is further alleged that on account of the injuries suffered by him he fell down, and thereafter the accused persons ran away. Laxminarayan and Doojeram were then taken to hospital. Laxminarayan was medically examined by Dr. M.S. Paul (PW-4) who gave his report Ex. P-5. FIR Ex.P-15 was registered on 6.12006 at the instance of Doojeram (PW-10) for the offences under Sections 341, 294, 506-B, 323, 34 IPC. However, on 29.12006 i.e. 22 days after the incident injured Laxminarayan died in the hospital at Raipur while taking treatment. On the basis of information received from the hospital, merg Ex. P- 23 was recorded on 29.12006 and after inquest Ex. P-17, body of the deceased was sent for postmortem examination which was conducted by Dr. Shivnarayan Manjhi (PW-9) who gave his report Ex. P-14. After completion of investigation, challan was laid by the police against all the accused persons under Sections 341, 294, 506-B, 323, 34, 302 IPC. Trial Court however framed the charge against the three accused persons under sections 302, 324 and 506-B Penal Code whereas the juvenile accused Mrityunjay alias Tetku has been tried separately by the Juvenile Justice Board.

(3.) To hold the accused/appellants guilty, prosecution has examined 15 witnesses in support of its case. Statements of the accused/appellants were also recorded under Sec. 313 of the Code of Criminal Procedure in which they have denied the allegations made against them and pleaded their innocence and false implication in the case.