GANGURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 02.8.2011 passed by the Sessions Judge Durg in Sessions Trial No. 151/2009 convicting the accused/appellants under Section 302 IPC and sentencing each of them to undergo imprisonment for life with fine of Rs. 500/- plus default stipulation. Accused/appellant Ganguram has also been convicted under Section 25 of the Arms Act and sentenced to undergo RI for two years and pay fine of Rs. 500/-, in default of payment of fine to further undergo SI for two months.

(2.) According to the case of the prosecution, on 8.6.2009 some tree had fallen in the field of deceased Maheshwar and in order to remove the same he had gone to call his servant Raja Ram Sen (PW-1) to his house. Thereafter, Raja Ram Sen and the deceased went to the house of Dhan Singh to have the bullock cart followed by Ahilya Bai (PW-6) - the mother of the deceased. While the bullock cart was being taken out, the accused/appellants reached there and accused Yogesh first gave a lathi blow and thereafter accused Gangu a sword blow to the deceased. Thereafter, Rupu (PW-4) also came there, intervened in the matter and asked accused Gangu to get away. Both the accused/appellants are further said to have assaulted the deceased with axe causing as many as 15 injuries which resulted in his instantaneous death. Merg Ex. P-1 was recorded on the same day at 8.25 AM at the instance of Raja Ram naming both the accused persons and based thereon FIR Ex. P-2 was registered at 8.30 AM against them for the offences punishable under Section 302/34 IPC. After inquest Ex. P-5 the body of the deceased was sent for postmortem examination which was conducted by Dr. Yashwant Rao Tumde (PW-11) who gave his report Ex. P-20. On challan being laid by the police, the Court below framed the charge against the accused/appellants under Sections 302, in the alternative 302/34 IPC and Sections 25 and 27 of the Arms Act.

(3.) In order to prove the complicity of the accused/appellants in the crime in question, the prosecution has examined 16 witnesses. Statements of the accused/appellants under Section 313 Cr.P.C. were also recorded in which they denied their guilt and pleaded innocence and false implication in the case. This apart, one Tiger Singh (DW-1) has also been examined by the defence in support of its case.