RAMKESHRA ALIAS RAMESWAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CRIMINAL Appeal No. 1269/2003 filed by Ramkeshra alias rameshwar, 1333/2003 filed by Devnarayan, 97/2004 filed by Guddu alias ramsevak and 317/2004 filed by Dunmun alias Shiv Kumar are arising out of the judgment of conviction dated 18-11-2003 and order of sentence dated 19-11-2003 passed by the 6th Additional Sessions Judge (F. T. C.), Surajpur in Sessions Trial No. 273/2001, therefore, same are being disposed of by this common judgment.

(2.) THE aforesaid criminal appeals are directed against the judgment of conviction dated 18-11-2003 and order of sentence dated 19-11-2003 passed by the 6th Additional sessions Judge (F. T. C.), Surajpur in Sessions trial No. 273/2001 whereby and whereunder learned Additional Sessions judge after holding the appellants, namely ramkeshra alias Rameshwar, Devnarayan, badna alias Ram Badan. Tula alias Tulwa, ramdhani alias Ram, Shiv Kumar alias pukar, Guddu alias Ramsevak and Sunmun alias Shiv Kumar guilty for commission of offence under Sections 147 and 302 read with Section 149 of the Indian Penal Code (for short "the IPC"), sentenced each of the accused to undergo R. I. for one year and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R. I. for four months under Section 147 of the IPC and to undergo imprisonment for life under Section 302 read with Section 149 of the IPC.

(3.) CASE of the prosecution, in brief, is that the appellants are residents of village barbaspur, Police Station-Pratappur. They were having inimical terms with Kannilal jaiswal on the ground of grazing of the crop of Kannilal Jaiswal (since deceased) who was resident of adjoining village Markadand, police Station-Rajpur. On the fateful day (9-5-2001) at about 3. 30 p. m. deceased kannilal Jaiswal was going to his village markanand from Pratappur by motorcycle along with his daughters, namely, Ku. Sangeeta Jaiswal and Sunita Jaiswal. When they reached near Kukrahi canal Barbaspur turning they were obstructed by putting the tree on the road. Deceased Kannilal Jaiswal and his daughters got down from motorcycle, the appellants were hidden near the place of incident armed with stick and axe. Appellant Devnarayan came with stick and assaulted the deceased. Rest of the accused persons also came near Kannilal Jaiswal and attacked him. Appellant Guddu alias ramsevak repeatedly assaulted on the head of the deceased by axe. Rest of the accused persons assaulted by stick. Deceased kannilal Jaiswal fell down and became unconscious; the body was thrown by the appellants in a pit. P. W. 1 Ku. Sangeeta Jaiswal witnessed the incident. Her sister Ku. Sunita went to village Barbaspur and informed the villagers about the incident. P. W. 3 Jeevdhan and other person immediately reached to the spot. Kannilal Jaiswal was taken in a car, but he died in the course of travelling near makhanpur.