RAMESHAR RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 12/7/2001 passed by the Additional Sessions Judge, Mungeli in Sessions Trial No.500 of 1997 whereby all the accused persons have been convicted and sentenced as follows:-

(2.) The trial was held against 15 persons but one died during the course of the trial. Eight persons were convicted and the remaining six persons were acquitted. The eight convicted persons have filed the present appeal. During pendency of this appeal, two of the Appellants namely, Appellant No.2-Dwarika Prasad and Appellant No.7-Matangram Satnami have expired. Appeal qua them has already been disposed of as having abated. We are therefore considering the appeal of six accused persons, namely, Rameshar Ram, Gopelal, Jalesh Satnami, Thakur Singh @ Nan Singh, Gajpal Singh @ Pallu and Lomas Kumar.

(3.) It is not disputed that the occurrence took place on 9/9/1997 at about 12.00 noon. It is not disputed that during the course of this fight between the two groups, Chaitram (deceased) received injuries, as a result of which he died. It is also not disputed that three eyewitnesses, namely, Janak Ram (PW-2), Gulaba Bai (PW-7) and Kanti Bai (PW-8) also received injuries. The stand of the Appellants is that the case of the prosecution is false. It is also alleged that three of the Appellants themselves sustained injuries as is admitted by S.R. Dhritlahare (PW-18), the Investigating Officer. However, the main contention raised on behalf of the Appellants is that the Learned Court below has grossly erred in invoking Ss. 148 and 149 IPC in the present case.