AYODHYA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these three appeals arise out of the common judgment dated 08.07.2009 passed by the Additional Sessions Judge (FTC), Ramanujganj, Sarguja, in S.T. No.199/2007 convicting the accused/appellants under Sections 147, 148, 323/149, 342 and sentencing each of them to undergo R.I. for six months with fine of Rs.1000/-, under Section 302/149 of IPC and sentencing them to undergo imprisonment for life with fine of Rs.500/- plus default stipulations, they are being disposed of by this common judgment.

(2.) In the present case, name of the deceased is Baldev, aged about 33 years and it is said that he was mentally challenged.

(3.) The prosecution story in brief is that deceased Baldev is alleged to have caused head injury to Rajmatia, wife of accused Rameshwar Bhuihar, and in retaliation, in the night intervening 23-24/12/2006, all the accused persons caught hold of the deceased, tied him up and caused injuries to him by hands, fists and club as a result of which he died. Further case of the prosecution is that when Lalkeshwar (PW/2), brother of the deceased, intervened, he too was beaten by the accused persons. On report being lodged by Rajmatia, entry was made in the rojnamcha sanha vide Ex.P/10-C on 24.12.2006 at 9.10 am, whereas on the basis of report lodged by Lalkeshwar (PW/2), merg intimation (Ex.P/1) was recorded on 24.12.2006 at 9.20 am. Immediately after the merg, FIR (Ex.P/2) was lodged by Lalkeshwar (PW/2) under Sections 147, 148, 342, 323, 302 and 201 of IPC against all the accused persons. On 24.12.2006, inquest on the body of deceased was conducted and body was sent for postmortem examination to Community Health Center, Ramanujganj where Dr. S.K. Sinha (PW/9) conducted postmortem examination on the body of deceased and gave his report (Ex.P/8) noticing following injuries:-