DEVENDRA @ CHANDAN JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the aforesaid five Criminal Appeals arise out of the same judgment dated 02.06.2010 passed by Sessions Judge Bastar at Jagdalpur in Sessions Trial No. 58/2009 convicting the accused/appellants under Sections 147, 148 and 302/149 IPC, and sentencing each of them to undergo rigorous imprisonment for two years with fine of Rs. 1000/- u/s 147; rigorous imprisonment for three years with fine of Rs. 1000/- under Section 148 and imprisonment for life with fine of Rs. 5000/- under Section 302/149 IPC plus default stipulations, they are disposed of by this common judgment.

(2.) Facts of the case in brief are that on 24.1.2009 accused Devendra alias Chandan and his friend Danti had gone to Aasna Park where they saw some boys beating the brother of one girl. On their intervention, those boys started beating them also. Thereafter, on 27.1.2009 at about 11 AM accused Devendra alias Chandan and accused Hemant alias Taklu hired a Maruti van for Aasna Park, armed themselves with hockey stick, club, Khanjar, Gandasa, chain, knife and went to Naya Munda area from where they picked up accused Chhotu alias Ved Prakash, Sannilal alias Sonu, Sanjeev alias Chhotu and Sandeep alias Babu and went to the PG College. On inquiry being made, they came to know that it was deceased Hitesh alias Bade who had beaten accused Devendra alias Chandan at Aasna Park. Thereupon, they all went near Aasna School where deceased Hitesh alias Bade was already standing. Accused Sunny got down and brought deceased Hitesh to Aasna Park on his own motorcycle where other accused persons also reached little later. At Aasna Park all the accused persons are alleged to have assaulted Hitesh with knife and naan chaku as a result of which he died on the spot itself. Dehati merg Ex. P-3 was recorded on that day itself at 4.40 PM at the instance of Babita Ashwani (PW-1) - the sister of the deceased followed by Dehati Nalisi Ex. P-1 and merg intimation Ex. P-18. Based on Dehati Nalisi, FIR Ex. P-17 was registered against unknown persons for the offence punishable under Sections 302 IPC. After making inquest Ex. P-7, dead-body was sent for postmortem examination which was conducted by Dr. K.M. Gupta (PW-6) who gave his report Ex. P-5. On the memorandum of accused Devendra Jain Ex. P-37, chopper was seized under Ex. P-38; on the memorandum of Hemant alias Taklu Ex. P-13, poniard (Khanjar), one bag and T-shirt were siezed under Ex. P-14; on the memorandum of accused Rameshwar Nayak Ex. P-35, one wooden bat was seized under Ex. P-36; on the memorandum of accused Chhotu alias Ved Prakash Ex. P-9, knife and a plastic number plate were seized under Ex. P-10; on the memorandum of accused Sanjeev alias Chhotu Ex. P-39, seizure of naan chaku was made under Ex. P-40. Though as per FSL report Ex. 150, blood was found on the articles seized on the memorandums of accused Devendra alias Chandan, Hemant alias Taklu, Ramehwar alias Appu and Chhotu alias Ved Prakash but there is no serological report on record. On completion of investigation, charge sheet was laid by the police against the accused/appellants and two juveniles under Sections 147, 148 and 302/149 followed by framing of charge by the Trial Court accordingly. Juveniles were however tried separately.

(3.) In order to prove its case the prosecution has examined 18 witnesses in support of its case. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied their guilt and pleaded innocence and false implication in the case.