BENURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 31. 03. 2001 passed by the Additional Sessions Judge, kanker in Sessions Trial No. 293/97, whereby, the appellants have been convicted under Section 302/34 I. P. C. and sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 20. 4. 1997 at about 11. 20 p. m. , Prafull kumar (PW1) saw that these two appellants were carrying Hemant Kumar, a boy aged about 22 years (since deceased), in seriously injured condition and they threw him in the gali near his house. He immediately disclosed this fact to the parents of Hemant kumar and also many villagers. Hemant, in injured condition, was taken to his house. When he was asked about the injuries, he made oral dying declaration to many villagers including prafull Kumar (PW1), his father Gopal Ram (PW4) , his mother chandrakala (PW3), Tikam Singh (PW-5), that he was assaulted by Benuram, his son ravindra Kumar (both the appellants) and wife of Benuram, Parwati Bai. In the early morning i. e. , on 21. 4. 1997, the matter was reported to police station Charama by yakesh Kumar (PW6), on which, a First information Report Ex. P/6 was registered, which contains the above details.

(3.) HEMANT Kumar was sent for medical examination through requisition Ex P/11 and was examined by Dr. J. L. Uikey (PW-10), who noticed the following injuries on his person: