MAHESH DUBEY Vs. STATE CHHATTISGARH, THROUGH P S

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 20.12.2011 passed by learned Additional Sessions Judge, Janjgir, District Janjgir-Champa, Chhattisgarh in Sessions Trial No.127/2011, whereby, the appellants stand convicted and sentenced as under:-

(2.) Facts of the case in brief are that on 20.01.2010 at about 1. 30 p.m. Raju Thakur and Basant Singh were talking and joking, at that time accused Yogesh Dubey was coming and asked that you are joking about my father and abused them by using filthy language and also assaulted Basant Singh by hand and fist and another accused Mahesh Dubey with the help of sickle assaulted complainant Basant Singh on the back side of the head by which he sustained various injuries on his body. After this incident, father of Basant Singh namely Swaraj Singh (since deceased), Bhishma Narayan and Pranav Singh reached the place of occurrence and intervened in the matter. Both the accused/appellants with a common intention assaulted Swaraj Singh with club, iron rod and sickle due to which, Swaraj Singh sustained injuries on his head and became unconscious, thereafter both accused persons also assaulted Bhishma Narayan Singh and Pranav Singh.

(3.) After this incident, immediately Sawaraj Singh was taken to the Navagarh Hospital for treatment, where after examining him the treating doctor declared him dead. Thereafter, on the same day, FIR (Ex. P/11) was lodged by Basant Singh (PW-6) and at about 15.30 pm merg intimation Ex. P/12 was also lodged by the same person i.e. Basant Singh (PW-6). Inquest report (Ex.P/14) of deceased- Swaraj Singh was prepared. The body of deceased sent for postmortem Vide Ex.P/15, doctor opined that the death of the deceased due to hemorrhagic shock as a result of head injuries to the vital organ of the brain. The MLCs of injured witnesses namely Bhishma Narayan and Basant Kumar Singh are Ex. P/16, Ex. P/17 & Ex. P-18 respectively which show injuries sustained by them are serious in nature and sufficient to cause death. On the basis of this, offence under Section 294, 506-B, 302, 323 and 34 of IPC was registered against the both the accused persons. After completion of investigation, charge sheet was filed against the appellants under Sections 294, 506, 323, 325, 302, 34 of Indian Penal Code. However, while framing charge the trial Court framed charge against the accused/appellants under Sections 294, 506-B, 324, 326, 307 & 302 read with 34 of IPC.