DASHRATH Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 16.12.2002 passed by the II Addl. Sessions Judge (F.T.C), Mungeli, Distt. Bilaspur, in Sessions Trial No.317/2001, whereby the appellants have been convicted for the offence punishable u/ss 148, 341/149 & 302/149 of I.P.C. and sentenced to undergo R.I. for 3 years and to pay a fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 2 months; Simple Imprisonment for 1 month & imprisonment for life and to pay a fine of Rs.3000/-, in default of payment of fine to further undergo R.I. for 2 years with a direction to run the sentences concurrently.

(2.) THE brief facts are that villages Nathelapara, Dadipara and Daukampa are situated adjacently. Ram Singh (since deceased) was the resident of village Daukampa and the accused persons are the residents of village Nathelapara. On 23.6.2001 at about 4 p.m., Ram Singh and his wife Bajrhin Bai (P.W.I) were going to village Dadipara for collecting grain seeds. Village Nathelapara is situated on the way to village Dadipara. When they reached near Jait Kambh of village Nathelapara, the accused persons, who were armed with lathi, stopped them on the way and started abusing them. They attacked over Ram Singh by lathis. Ram Singh fell down on the spot. On hue and cry, many persons gathered there. Bajrhin Bai P.W. 1 immediately rushed to Sarpanch and Kotwar Ganpat Das. She narrated the story to them. She was taken to Police Station by the Kotwar and the First Information Report (Ex.P.2) was lodged at about 9 p.m., on the same day, on which, the investigation commenced. The Station House Officer lodged a Merg intimation (Ex.P.1) and another Merg was lodged under Ex.R24 on 24.6.2001. After giving notice to Panchas (Ex.P.3), inquest on the body of deceased was prepared under Ex.P.4, plain soil and blood stained soil along with a plastic shoe of the deceased were seized under Ex.P.5. The site plan was prepared by Station House Officer under Ex.P.6 and another site plan was also prepared by village Patwari under Ex.P.23. After taking the accused appellants in custody, their memorandum statements were recorded under Ex.P-7, P-9, P-11, P-13, P-15, P-17 and P-19, in pursuance of which, lathis were seized from the possession of the accused appellants except appellant no.8 Samaru. The dead body of the deceased was sent for postmortem examination, which was conducted by Dr. VP. Jaiswal (P.W.13) who prepared the postmortem report (Ex.P.32). He noticed the following injuries on the body of deceased :

(3.) AFTER completion of usual investigation, the charge-sheet was filed in the Court of Judicial Magistrate First Class, Mungeli, who in turn committed the case to the Court of Sessions Judge, Bilaspur, from where, it was received on transfer by the Second Additional Sessions Judge (F.T.C.), Mungeli, who conducted the trial and convicted and sentenced the accused/appellants as aforementioned.