DHONI @ DHUNI YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence dated 29.10.2011 passed by the Special Judge, Kabirdham (Kawardha) (C.G.) in Special Case No. 01/2011, whereby and whereunder the appellants, three in number, have been held guilty of commission of offence under Sections, 302 read with Section 34 of the IPC, sentencing each of them to undergo imprisonment for life and to pay fine of Rs. 5,000/-, in default of payment of fine amount to further undergo R.I. for 1 year.

(2.) Prosecution case, as unfolded from the impugned order and the record of the case is that the appellants and the deceased had ongoing dispute with regard to title and possession of certain piece of agricultural land and in this background it is alleged that on 17.10.2010 when deceased Titaru Gond along with other family members was trying to take away harvested crops, which according to the appellant belonged to them, the appellants arrived at the spot, intercepted the deceased and other family members. Further, allegation is that appellant Santosh assaulted Titaru Gond with the help of a tabbal (axe) and the other two co-accused namely Dhoni @ Dhuni Yadav and Bahura Bai @ Kunti Bai assaulted the deceased with clubs. Titaru Gond fell on the spot. Further, the prosecution case is that the appellants thereafter searched Khemsingh the son of Titaru Gond and it is alleged that Khemsingh was also assaulted though, at another spot, with the help of tabbal (axe) and lathi. The matter was reported to the Police and when the police arrived at the spot a dehatinalishi (spot F 9 R) and merg (death intimation) were recorded at the spot itself by the Police. Dead bodies of Titaru Gond and his son Khemsingh were recovered from the spot where the dead bodies were lying and sent for postmortem. Upon examination of the dead bodies the Doctor opined that it was a case of homicidal death. The Police thereafter carried out the investigation and recorded the statements of prosecution witnesses under Section 161 of the Cr.P.C., seized weapon alleged to be used in commission of offence along with the clothes of the deceased and the accused were sent for forensic examination.

(3.) Upon completion of usual investigation charge sheet was filed before the jurisdictional Magistrate who committed the case for trial before the Special Judge. Though, while filing charge sheet, allegation of commission of offence under Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 was also levelled, the trial Court on the basis of the material contained in the charge sheet, framed charges for commission of offence under Sections 302 read with section 34 of the IPC against all the appellants. The appellants abjured guilty and were tried for alleged commission of offence. On the allegation that the appellants committed murder of Titaru Gond and his son Khemsingh, learned trial Court relying upon the evidence led by the prosecution, particularly taking into consideration the eye-witness account of Santoshi Bai Gond (PW-1), Smt. Ashwani Bai Gond (PW-2) and Shiv Singh Gond (PW-5) as also the evidence of extra-judicial confession made by the accused/appellants Dhoni @ Dhuni Yadav and Santosh before Smt. Radhabai Maravi (PW-4), held them guilty of commission of offence under sections 302 read with section 34 of the IPC as mentioned above.