CHIMAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the above appeals have been filed against the judgment dated 3.9.2011 passed by the Sessions Judge, Bilaspur in S.T. No.27/10, they are being disposed of by this common judgment.

(2.) By the impugned judgment the appellants in above criminal appeals have been convicted under Section 302/34 of IPC and sentenced to undergo RI for life and fine of Rs.1000/-, in default to undergo additional RI for 6 months.

(3.) As per prosecution case, deceased Adalat Singh Bansal was running a betel shop apart from selling liquor. The deceased refused to give the items to the accused/appellants on credit basis and therefore on 21.4.2010 at about 10.00 p.m. the accused/appellants armed with club and battleaxe came to the shop of deceased, abused him in the name of his caste and threatened him to kill. When the deceased asked them not to hurl abuses, all the accused/appellants with intention to cause death of deceased attacked on him. Accused/appellant Sadhu Singh caused battleaxe injury on the neck of deceased, whereas accused/appellants Chiman and Karan caused club injuries on the leg, hand and waist of said Adalat Singh. Incident was witnessed by PW-2 Rajkumar, brother of deceased, Sangeeta @ Savita (PW-3), wife of decesaed, and PW-6 Budhwa Bansal, father of deceased. At the instance of Rajkumar (PW-2), FIR (Ex.P-3) was registered against accused/appellants under Sections 307, 294, 506 Part II read with Section 34 of the IPC read with Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989"). Said Adalat Singh was immediately taken to the hospital where his MLC was done by Dr. Suresh Ratre (PW-8) vide Ex.P-13 and he noticed following injuries; ? incised wound on the left side of neck (back side) of 10 x1cm x muscle deep ? incised wound on the mid frontal region of 2x1cm x muscle deep.