MAZRUDDIN ANSARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 24.11.2016 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Surajpur, in Special Sessions Trial No.34/2013 convicting the accused/appellant under Sections 148 and 302/149 IPC & sentencing him to undergo R.I. for one year with fine of Rs. 500/- and imprisonment for life with fine of Rs. 2000/- plus default stipulation respectively.

(2.) Brief facts of the case are that fishing right of Gangoti Dam near Bilaro pond was given to one Parvati Mahila Multi Purpose Society on lease up to year 2018. The members of the said society used to work jointly and keep guard on the pond. On 28.05.2012 at about 100 in the night deceased Sukhlal Gond was keeping guard on the said pond. When he heard some noise and reached near the pond, he was abused by the accused persons who entered the said area for committing theft of fishes. It is said that the deceased was assaulted by club, battleaxe, chain, axe and rod as a result of which he sustained number of injuries on his body. After hearing his cries, his wife Tilaso Bai and other persons of the said society reached there, some of them saw the accused persons assaulting the deceased and fleeing from the spot. Injured Sukhlal Gond was lifted on a cot, brought in a hut and taken to Primary Health Center, Baikunthpur from where he was shifted to Mission Hospital, Ambikapur where he was hospitalized for further treatment. The injured was medically examined on 29.05.2012 by Dr. G.D. Baghel who gave his MLC noticing following injuries.

(3.) After about four days, on 01.06.2012 the deceased succumbed to his injuries in the Mission Hospital, Ambikapur. On the basis of information received from the hospital, unnumbered merg (Ex.P/5) was recorded on 01.06.2012 and Numbered merg (Ex.P/19) was recorded on 12.06.2012. In the meanwhile, on the basis of written report (Ex.P/1) dated 29.05.2012 lodged by Tilaso Bai, wife of the deceased, initially unnumbered FIR was registered on 29.05.2012 followed by numbered FIR on 30.05.2012 against accused Bokhi Miyan, Majruddin, Rasid Miyan and Kallu under Sections 294, 506 (B), 307 IPC and 3 (1) (x) & 3 (2) (v) of the Act. After the death of the deceased and recording merg intimations, inquest on the dead body was conducted on 01.06.2012 and dead body was sent for postmortem examination which was conducted on the same day by Dr. Sanjay Singh who gave his report (Ex.P/18) noticing following injuries/symptoms:-