LAL SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 15.3.2004 passed by the First Additional Sessions Judge, Surajpur, Distt. Surguja in ST No.428/2002 convicting the appellants under Section 304 Part-I of IPC and sentencing each of them to undergo RI for five years and to pay a fine of Rs.500/- with default stipulation.

(2.) Brief facts of the case are that on 12.6.2002 on account of old land dispute there was quarrel between two groups i.e. the group of the appellants and that of the deceased Revti Raman. It is said that deceased Revti Raman along with others committed murder of Shivlal and in turn, Revti Raman was killed by the accused persons by causing him as many as 10 injuries. On 12.6.2002 itself unnumbered merg Ex.P/18 was recorded on the basis of information received from hospital. Inquest was conducted over the dead body vide Ex.P/20 on 12.6.2002 and thereafter numbered merg Ex.P/9 was recorded on the same day. On 13.6.2002 postmortem was conducted on the dead body vide Ex.P/10 who noticed lacerated wounds on scalp, incised wounds over face, left ear, neck, forearm, left ankle, cutting of trachea and fracture of right parietal bone and left mandible bone. In his opinion, the cause of death was coma due to head injury caused by depressed fracture over right side of skull producing intra-cranial hemorrhage. After merg inquiry, FIR (Ex.P/11) was registered under Section 302/34 of IPC against the appellants and Shivlal (deceased). After completion of usual investigation, charge sheet was filed against the accused persons under Section 302/34 followed by framing of charge by the trial Court accordingly.

(3.) So as to hold the accused persons guilty, the prosecution examined 13 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 defence, they examined two witnesses.