AJAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 22.1.2008 passed by the Additional Sessions Judge Sakti, District Janjgir Champa in Sessions Trial No. 227/2006 convicting the accused/appellants under Sections 449, 302/34, 325/34, 323/34 and 323/34 IPC and sentencing each of them to undergo RI for 10 years with fine of Rs. 200/- u/s 449; imprisonment for life with fine of Rs. 500 u/s 302/34; RI for 2 years with fine of Rs. 1000/- u/s 325/34 and RI for 6 months with fine of Rs. 500/- u/s 323/34 IPC twice, plus default stipulations.

(2.) As per the case of prosecution on 25.7.2004 at 12.05 in the mid-night FIR Ex. D-1 was lodged by Hirabai (PW-3) alleging that on that night at 9.30 PM her husband Madanlal Satnami (deceased herein) returned home and started abusing accused Kamparam and his sons saying that in spite of being told not to dump garbage in his compost pit, they did not stop doing so. It is alleged that on hearing abusive words, accused Kamparam and his sons namely Heera Prasad Satnami, Batarna and Ajay also came near her house carrying clubs in their hands and called her husband by name hurling abuses. As is further alleged, when her husband was to get out of the house carrying sword, the accused persons got into, started beating him with the clubs, dragged him out to the lane and continued with the assault. Even after her husband fell down, the accused persons dealt number of lathi blows on his head which resulted in his instantaneous death. It is further alleged that when she along with her mother-in-law Pancho Bai and daughter Savitri tried to intervene, accused persons did not spare even them and caused injuries to them also with club. Based on this FIR, offences under Sections 302, 323, 34 IPC were registered against the accused/appellants followed by recording of merg intimation Ex. P-40. Inquest was made on 25.7.2004 vide Ex. P-22 and dead-body was sent for postmortem examination which was conducted by Dr. S.C. Banjare (PW-26) vide report Ex. P-39. Injured Hirabai, Savitri and Pancho Bai were also medically examined by the same doctor vide their reports Ex. P-35, P-37 and P-36 respectively. However, on 21.8.2004, Panchobai also expired. After investigation, charge sheet was filed against the accused/appellants under Sections 302, 323, 34, 460 and 307 IPC. However, the Court below framed the charge against them under Sections 449, 302, 307, 323 twice and 34 IPC.

(3.) In order to prove the complicity of the accused/appellants in the crime in question, the prosecution has examined 27 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. In addition to this, one Nakul Banjare (DW-1) has also been examined by the defence in support of its case.