GAMBHIR SINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As all these three appeals arise out of a common judgment of conviction and order of sentence dated 19th June, 2008 passed by the Additional Sessions Judge, Bilaspur in ST No.228/2007, they are being disposed of by this common judgment. By the said judgment, the accused/appellants Gambhir Singh Gond and Shiv Kumar @ Shiva Gond have been convicted under Section 411 of IPC and sentenced to undergo RI for one year and fine of Rs.100/- with default stipulation whereas accused/appellants Lavkesh Kumar Gond and Kishan Singh Raj have been convicted under Sections 302, 302/201 and 397 of IPC and sentenced to undergo life imprisonment, fine of Rs.100/-; RI for 7 years, fine of Rs.100/- and RI for 7 years, fine of Rs.100/- with default stipulations respectively.

(2.) In the present case, name of the deceased is Maheshram Panka, father of PW-4 Trilochan Prasad. It is said that a new motorcycle (Bajaj CT-100) was purchased by the deceased and on 18.9.2006 he along with PW-4 Trilochan Prasad and one friend of PW- 4 had gone to Pendra. However, after dropping PW-4 and his friend when the deceased was returning on motorcycle he met with an accident near the railway crossing and was lying near the road in injured condition. Injured Maheshram and his motorcycle were noticed by accused No.2 Kishan Singh who was passing through the same place along with accused No.1 Lavkesh Kumar Gond and his friend. Accused Nos. 1 and 2 returned to the place of occurrence and decided to take the vehicle along with them. While they were doing so, it was objected by injured Mahesh Ram, who was lying injured, and then accused Nos. 1 and 2 gave a blow of stick on his head as a result of which he died and thereafter they took the said vehicle with them, gave it to accused No.3 Shiv Kumar, who in turn pledged the same with accused No.4 Gambir Singh.

(3.) So as to hold the accused persons guilty, the prosecution examined 14 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.