MARKAMI DEVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 21-12-2001 passed by the Fourth Additional Sessions Judge, Jagdalpur (Bastar) in Sessions trial No. 514/2000, whereby, the appellants have been convicted under Ss. 449 and 302/34, I. P. C. and sentenced to undergo R. I. for 5 years and fine of Rs. 200/- and imprisonment for life and fine of Rs. 300/- with default sentences in both the counts. Appellant-Malla has been further convicted under S. 324, I. P. C. and sentenced to undergo R. I. for 1 year and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo R. I. for 1 month. Appellants-Malla, Deva S/o. Joga and Hidma have been also convicted under S. 323, I. P. C. and sentenced to undergo imprisonment for 6 months and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo r. I. for 6 months. The sentences so awarded to the appellants have been directed to run concurrently.

(2.) THE case of the prosecution is that on 7-10-2000 at about 4. 00 p. m. the appellants, armed with deadly weapons, committed house tresspass in order to commit murder of deceased Gandami Ganga. After such tresspass, they dragged the deceased out of his house and attacked him by knife, danda and banda. The deceased died on the spot. 'the incident was witnessed by Gandami sukdi (PW-2, wife of younger brother of the deceased) and Gandami Munni (PW-3, daughter of PW-2 ). Sukdi (PW-2) and Munni (PW-3) when tried to intervene, they were also assaulted. Malla assaulted Sukdi with some weapon and other appellants assaulted munni. Sukdi immediately rushed to her husband Gandami Lachah (PW-1) and narrated the story to him. On 8-10-2000, gandami Lachah lodged the First Information Report (Ex.-P/1 ).

(3.) ON such information, the Investigating Officer reached to the scene of occurrence and prepared spot map (Ex. P/2 ). After giving notice (Ex. P/10) to the Panchas, he prepared inquest (Ex. P/l1) on the body of the deceased. The dead body of the deceased was sent for its post-mortem to P. H. C. , Sukma under Ex. P/12 and the postmortem examination was conducted by Dr. R. K. Kuruwanshi (PW-5), who prepared his report Ex. P/4. The Autopsy Surgeon found the following external injuries on the body of the deceased :