GOPICHAND Vs. STATE OF CHHATTISGARH, THROUGH DISTRICT MAGISTRATE

JUDGEMENT

(1.) Since the above appeals have been filed against the judgment dated 31.7.2006 passed in S.T. No.74/05 by which the Special Judge (SC ST Prevention of Atrocities Act), Rajnandgaon convicted the accused/ appellants herein under Sections 148, 302/34 & 201 of the Indian Penal Code (for short 'the IPC') and sentenced each of them to undergo R.I. for 1 year & fine of Rs.100/-; R.I. for Life & fine of Rs.100/- and RI for 3 years & fine of Rs.100/-, with usual default clauses, respectively, the same are being disposed of by this common judgment.

(2.) In the present case name of deceased is Mayaram.

(3.) The prosecution case, in brief, is that accused/appellant Phoolbai after maintaining illicit relationship with deceased Mayaram for the last about 10-12 years had developed illicit relation with accused/appellant Alias John which was not liked by deceased Mayaram. It is further case of the prosecution that the deceased used to visit the house of accused/appellant Phoolbai often. On 13.8.2005 also the deceased had gone to the house of accused/appellant Phoolbai where he had quarrelled with her. On the same day at about 9-10 pm all the accused persons assaulted the deceased by stick etc. and when he became unconscious on account of injuries sustained by him, they took him along with them in a jeep. On 14.8.2005 at 5.15 a.m. the Station Master (PW-1) received an information that a dead body of a male lying on the railway track near Down Line Pole No.930/020. He immediately forwarded the said information to the police station based on which merg (Ex.P-2) was registered. During inquest, the headless body was recovered from the railway truck, whereas the trunk was recovered from the field of one Dumar. The identity of dead body was revealed as that of the deceased. Trunk Panchnama was prepared vide Ex.P-21 and body panchnama of body was prepared vide Ex.P-26. Trunk was sent for post-mortem examination vide Ex.P-11 on 14.8.2006 which was conducted by Dr. Vipin Jain (PW-6) and he noticed that right shoulder & arm are crushed, soft tissue was blackened, upper part of humerus bone was fractured, contusion of 2x5cm in size on the sternum & chest wall. No other injury was present over the body. The doctor has opined that no definite opinion regarding cause and nature of death could be given. The trunk was also sent for post mortem examination which was conducted by the doctor (PW-6) and he noticed following injuries;-