KANNI LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29th July, 2002 passed in Sessions Trial No. 258/01 by learned 4th Additional Sessions Judge, ambikapur, District Sarguja whereby the appellants have been convicted under sections 148,302/149,323/149,506 Part-2, and 341 of the Indian Penal Code (for short 'ipc')and sentenced each of the accused persons to undergo R. I. for 3 years and to pay a fine of Rs. 200, in default of payment of fine to undergo additional R. I. for one month; R. I. for life imprisonment and to pay a fine of rs. 1,000, in default of payment of fine to undergo additional R. I. for six months; R. I. one year (two counts); R. I. for three years and to pay a fine of Rs. 200 and in default of payment of fine to undergo additional R. I. for two months and R. I. for one month respectively. All the sentences are directed to run concurrently.

(2.) CASE of the prosecution, in brief, is that land of the complainants and the appellants are adjacent. On 28. 4. 2001 at about 11. 30 a. m. complainant Sawal Ram, his father jageshwar and brother Shankar Ram were digging foundation in their land for construction of a house, at that time appellants gendram and Kannilal objected and started hurling abuses. When Jageshwar asked them not to hurl abuses, the appellants claimed the land to be their, whereupon, the complainant, his father and brother proceeded to police station Darima for lodging report. However, on way in village Karji near the house of Bijur Cherva appellants stopped their way, abused them in the name of their mother and threatening them with life assaulted them with lathi as a result of which Sawal Ram sustained injuries over temporal region, head, hand, shoulder and leg. Jageshwar sustained two incised wounds over middle of his head. Shankarram also sustained injuries over back and thigh. Incident was witnessed by bijendra Kushwaha, Motiram and other villagers and they had also intervened.

(3.) SAWALRAM lodged the report at about 17. 30 hrs on 28. 4. 2001 naming the appellants and one tiwariram as accused persons. Whereupon offence under Sections 394,341, 506b, 147,148 and 323 of the IPC was registered vide F. I. R. of Ex. PS. Sawalram (PW4) was sent for medical examination to District Hospital, Ambikapur where Dr. Ghanshyam Singh (PW6) examined him and gave his medico legal examination report of Ex. P9. Medico legal examination report of Shankar Ram is Ex. P10 and medico legal examination report of jageshwar is Ex. Pll. In reply to the query of Ex. Pll A, Dr. Ghanshyam Singh vide his report of Ex. P12 opined that injury sustained by Sawal ram, is simple in nature. Injured Jageshwar Ram was admitted in the hospital where he died on 29. 4. 2001 at 10. 45 p. m. Merg intimation was given vide Ex. P5 and Ex. P5a on 30. 4. 2001. Inquest over the dead body of deceased Jagehswhar Ram was prepared in the presence of witnesses vide ex. P7. Body was sent for autopsy to District Hospital, ambikapur vide Ex. P1, where Dr. J. K. Railwani (PW1) conducted post-mortem and submitted his report vide ex. P1. On the memorandum of appellants kanni Lal and Gend Ram weapon of offence lathi was taken into possession vide Ex. P15 and Ex. P17 respectively. Blood stained soil and plain soil was taken into possession from the place of incident. Spot map was prepared vide Ex. P23. Sealed packet containing blood stained clothes of deceased jagehswar Ram were taken into possession vide Ex. P24.