PURAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This order shall dispose of the aforesaid two appeals as they arise out of the same crime number and judgment of conviction and order of sentence dated 15.04.2005 passed by the Second Additional Sessions Judge, Baloda Bazar in Sessions Trial No.170/2004 whereby and where-under the appellants have been held guilty and sentenced as described below :

(2.) The prosecution story as unfolded from the records of the case and the impugned judgment is that on 07.03.2004, during Holi festival when deceased Shivbagas along-with his wife Anandmati, son Ganesh and other persons was going to the house of his brother Shiv Dayal, on the way, near the house of Nathuram (one of the accused appellants), they found that Nathuram and others were beating Mohit. It is said that when Shivbagas and others asked Nathuram to resist from beating Mohit, Nathuram along-with other two appellants Puran and Durga Prasad (Tuka) assaulted Shivbagas and others. It is the case of prosecution that Nathuram assaulted Shivbagas by an Axe on his head and other accused also assaulted Shivbagas and others along- with him by wooden club. It is further case of prosecution that thereafter, when Shivbagas and other associates some how reached the house of Shivdayal, the appellants arrived along-with other assailants, armed with weapon and it is stated that in the house of Shiv Dayal, the appellants accused assaulted Shivbagas and injured Shivbagas, Savitri, Bishambar, Ganesh and Pitambar. Shivbagas was grievously injured whereas Savitri suffered a fracture injury and others simple injuries on various parts of their bodies. All of them were sent for medical examination. Later on, Shivbagas died. The FIR was lodged on 07.03.2004 itself by P.W.1 Bishambar at 14.05 hours vide Ex.P-1 in police Station Baloda Bazar. The inquest over body of Shivbagas was prepared and it was sent for postmortem. Dr. R.S. Tiwari (P.W.10) and Dr. P.K. Tiwari (P.W.11) conducted postmortem and prepared postmortem report vide Ex.P.23. Statements of prosecution witnesses were recorded u/s 161 Cr.P.C. The memorandum of all the accused were taken and it is said that at their instance, weapons used in commission of offence were recovered. The blood stained clothes and soil collected from the spot of incident were sent for chemical examination to FSL. Dr. R.S. Tiwari (P.W.10) and Dr. P.K. Tiwari (P.W.11) also conducted medical examination of injured persons namely Savitri, Bishambar, Ganesh and Pitambar and prepared their reports. Upon completion of usual investigation, charge sheet was filed against the appellants and other 13 accused persons for the alleged commission of offence u/ss 302, 147, 148/149, 452, 427, 323 and 325 against 16 accused including the present appellants.

(3.) The learned trial Court on the basis of material and the charge sheet, framed charges against all the accused for the alleged commission of offence. The appellant accused abjured guilt and therefore, they were put to trial. In order to prove its case, the prosecution examined as many as 25 witnesses. The appellants were examined u/s 313 Cr.P.C., they denied having committed any offence and also pleaded that they have been falsely implicated. In their defence, the appellants examined two defence witnesses. However, the learned trial Court disbelieving the defence of the appellants and relying upon the prosecution case and the evidence led by it held the appellants Nathuram, Puran and Durga Prasad guilty of commission of offence u/ss 302 read with section 34, 452/34, 323/34, 325/34, 325 (against Puran 323/34 also) IPC. All other 13 accused were acquitted of all the charges.