PURAN CHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these three appeals arise out of the common judgment of conviction and order of sentence dated 30.11.2004 passed by 4 th Additional Sessions Judge (FTC), Ambikapur, Distt. Surguja in ST No.120/2004, they are being disposed of by this common judgment. By the said judgment, each of the appellants has been convicted under Sections 450/34, 302/34 and 120B of IPC and sentenced to undergo RI for 10 years, pay a fine of Rs.1000/-; life imprisonment, pay a fine of Rs.2000/- and RI for six months with default stipulations respectively.

(2.) In the present case, name of the deceased is Prabhuram, husband of PW-1 Budhiyarobai. On 12.11.2003 merg intimation (Ex.P/19) was lodged by PW-1 at around 5.10 pm mentioning therein that on the previous night at about 11 pm when she was sleeping along with her family members, the accused/appellants reached there, asked for liquor and when she replied in negative they enquired about her husband Prabhuram and despite her saying that Prabhuram is not there at the house, they forcibly entered the house, caused club and stone injuries to her husband as a result of which he expired. Immediately thereafter at 5.15 pm on the same day FIR (Ex.P/1) was lodged by PW-1 against the appellants under Sections 450, 302, 34 of IPC. Inquest over the dead body was conducted vide Ex.P/29 on 13.11.2003 and the body was thereafter sent for postmortem which was conducted on 14.11.2003 by PW-15 Dr. RN Gupta vide Ex.P/18 who noticed antimortem lacerated wound over left parietal area of scalp, over center of frontal area, over right pinna of ear and one antimortem abrasion over right knee. He also noticed presence of blood in the cranium. In his opinion the mode of death was coma and cause of death was head injury. The incident was witnessed by PW-1 Budhiyaro Bai, PW-2 Dhanmet Bai, PW-3 Tiharo Bai, PW-4 Karmi Bai and PW-5 Nanuha. After completion of investigation, charge sheet was filed against the appellants and one accused Gangaram and while framing charges, the trial Court framed charges under Sections 450/34, 302/34, 120B/34 and 323/34 of IPC.

(3.) So as to hold the accused persons guilty, the prosecution examined 16 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.