TULARAM NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both these appeals arise out of a common judgment of conviction and order of sentence dated 18.5.2012 passed by the First Additional Sessions Judge, Balodabazar, Distt. Raipur (CG) in S.T. No.24/2011, they are being disposed of by this common judgment. By the said judgment, the trial Court has convicted the appellants under Sections 323/34 on two counts and sentenced them to undergo RI for one on each count. Appellants in CrA No.481/12 have been also convicted under Sec. 302/34 and appellant in CrA No.482/12 under Sec. 302 of Penal Code and each of them has been sentenced to undergo imprisonment for life and fine of Rs.200.00.

(2.) As per prosecution case, accused No.1 Lachhiram had encroached upon the thrashing field of Ramadhar (PW-7), on account of which there was dispute between their families. On 27.10.2010 Ramadhar (PW-7) had asked accused No.2 Tularam to vacate his thrashing field and to remain in his own thrashing field. Upon hearing this, accused No.2 Tularam abused filthily to Ramadhar and when Dhansingh (PW-8), son of Ramadhar, returned to his house, Ramadhar told him about the said incident. Ramadhar asked Dhansingh to go to the house of accused No.1 Lachhiram and make him understand. It is said that at about 7 pm Dhansingh (PW-8) went to the house of accused No.2 Tularam and asked him to vacate the thrashing field. As accused No.1 Lachhiram was not there, Dhansingh returned back. Immediately thereafter he again went to the house of accused persons and accused No.3 Bhuvneshwar pushed Dhansingh out of his house and quarrel started between them. It is said that accused No.3 Bhuvneshwar caught hold of neck of Dhansingh; the matter was intervened by Ramadhar; some injuries were caused to Dhansingh and seeing the quarrel Firantinbai, wife of Ramadhar, also reached there and then accused No.2 Tularam having left Dhansingh, first threw Firantinbai on the field and then caused her knife injuries on the upper part of her thigh. It is further said that Ramadhar and Dhansingh also sustained injuries. Firantinbai was immediately taken to hospital where she was declared brought dead. In the meanwhile, on 27.10.2010 itself at 8.30 pm FIR (Ex.P/16) was lodged by PW-8 Dhansingh against all the accused persons under Sections 294, 506B, 307, 323, 34 of IPC. After death of Firantinbai, information was given to the police and merg intimation Ex.P/26 was recorded at 9.30 pm. PW-7 Ramadhar was medically examined vide Ex.P/19 on 27.10.2010 and the doctor (PW-9 Dr. Pramod Kumar Tiwari) noticed contusions and abrasions over forehead, knee, scapular region and chest, which appeared to have been caused by hard and blunt object. Likewise, as per medical report (Ex.P/20) of PW-8 Dhansingh which was conducted on the same day by PW-9, he had sustained incised wound over right thumb caused by hard and sharp cutting object, and abrasion on middle of neck caused by hard and blunt object. All these injures were found to be simple in nature. As per MLC of the deceased vide Ex.P/9 conducted by PW-9, she had suffered contusions on nose and forehead and a penetrating wound of spindle shape over right thigh.

(3.) So as to hold the accused persons guilty, the prosecution examined 17 witnesses in all. Statements of the accused were also recorded under Sec. 313 of Crimial P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.