JAIKEY RAJPOOT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both these appeals arise out of a common judgment dated 14.01.09 passed by the Seventh Additional Sessions Judge, Raipur, District Raipur in S.T. No. 44/2008, whereby convicting the accused/appellants under Section 302/34 IPC and sentencing each of them to undergo imprisonment for life and to pay fine of Rs. 500/- plus default stipulations, they are being disposed of by this common judgments.

(2.) As per prosecution case, on 29.10.07, at about 12.30 midnight. accused/appellants at first abused the deceased Sile Yadav and Dinesh Yadav, thereafter they entered their house and caused number of injuries to them with knife and wooden bat. On account of the injuries sustained by Sile Yadav he died on the spot itself whereas Dinesh Yadav was taken to hospital. Bed head ticket of Dinesh Yadav is Ex.P- 6. Immediately after half an hour of the incident merg intimation Ex.P-3 was recorded in respect of death of Sile Yadav at the instance of Bisouha Ram (PW-7) . On 29.10.07 itself FIR Ex.P-8 was lodged at 1.10 a.m. by PW-7 Bisouha Ram against the appellants under Section 302, 307 and 34 IPC. Inquest on the dead body of the deceased Sile Yadav was prepared vide Ex.P-2 and body was sent for postmortem examination which was conducted by Dr. Shivnarayan Manjhi vide Ex.P-21 and according to him cause of death was due to hemorrhage and shock as a result of stab injury to chest and abdomen and death was homicidal in nature. On 29.10.07 itself memorandum of accused/appellants were recorded vide Ex.P-10 and P-9 based on which knife and lower of Jaikey was seized vide Ex.P-11 and P-12 whereas wooden bat and broken pieces of knife vide Ex.P-13 and 19 was seized from Ganga. During treatment Dinesh Yadav succumbed to his injuries on 27.11.07 at Government Medical College Raipur and information was sent to the police based on which merg intimation Ex.D-2 and D-1 were recorded. Inquest on the body of Dinesh Yadav was prepared vide Ex.P-4 on 27.08.07 and body was sent for postmortem examination which was conducted by Dr. Vikas Dhruv (PW-5) vide Ex.P-7 and according to him cause of death was due to cardio respiratory failure as a result of stab injuries to the body and its complications and death was homicidal in nature. After filing of charge sheet, the trial judge has framed charge against the appellants under Sections 302/34 IPC on two counts.

(3.) In order to establish the guilt of the accused/appellants, prosecution has examined 14 witnesses. Statement of the accused/appellants were recorded under Section 313 of the Cr.P.C. in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.