DILESH @ DILLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 17.6.2014 passed by the Additional Sessions Judge Bilaspur, in Sessions Trial No. 210/2009 convicting the accused/appellants under Sections 302/34 (twice) and 307/34 IPC and sentencing each of them to undergo imprisonment for life with fine of Rs. 500/- (twice) u/s 302/34 and RI for five years with fine of Rs. 500/- u/s 307/34, plus default stipulations.

(2.) As per the case of prosecution, two groups - one comprising accused Dilesh, Rajendra, Mayaram, Raj Kumar alias Bade Guddu and the other comprising Ramsharan (deceased), Shatrughan (deceased), Ved Prakash, Jai Shankar, Rani Bai and Rakesh, and both had their agriculture land adjacent to each others. Allegedly, on 31.7.2009 there was some dispute between the members of these groups over removal of barbed wire fencing made by accused Dilesh. On that day at about 8.45 AM accused Dilesh, Rajendra, Mayaram and the accused in Criminal Appeal No. 752/2015 namely Raj Kumar alias Bade Guddu had assaulted Ramsharan, Shatrughan and Jaishankar with axe and club. In the incident Ramsharan and Shatrughan died instantaneously whereas Jaishankar (PW-13) suffered injuries. Jaishankar was medically examined by Dr. Dharmendra (PW-20) who gave his report Ex. P-30. Information regarding the incident was given by Rakesh Kumar Kaushik (PW-26) to Ved Prakash who then rushed to the spot and came to know through Rani Bai (PW-11) about the incident of assault. Merg intimations for the death of Shatrughan and Ramsharan (Ex. P-20 and P-22 respectively) were recorded at the instance of Ved Prakash (PW-10) on the same day at 9.35 AM followed by FIR Ex. P- 21 registered at the instance of same person against the accused/appellants in this appeal and also against Raj Kumar alias Bade Guddu for the offences punishable under Sections 302, 307, 34 IPC. On that very day, inquest on the body of Ramsharan was conducted vide Ex. P-27 and that of Shatrughan vide Ex. P-28. Thereafter, bodies of two deceased persons were sent for postmortem examination which was conducted by Dr. M.K. Samuel (PW-7) who gave his reports Ex. P-15 (in respect of deceased Shatrughan) and Ex. P-16 (in respect of deceased Ramsharan). After completion of investigation, charge-sheet was laid by the police against the accused/appellants under Sections 302/34 and 307/34 IPC showing the other accused Raj Kumar alias Bade Guddu as absconding, followed by framing of charges accordingly.

(3.) To hold the accused/appellants guilty the prosecution has examined 28 witnesses in support of its case. Statements of the accused/appellants have also been recorded under Section 313 of the Code of Criminal Procedure in which they denied the allegations made against them and pleaded innocence and false implication in the case. Defence also examined one witness namely Dr. Anil Kumar Gupta (DW-1) in support of its case.