YOGESH SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The above appeals since arising out of a common judgment, are heard together and being disposed of by this common judgment.

(2.) Challenge in the present set of appeals is to the judgment of conviction and order of sentence dated 4.9.2012 passed by the learned Additional Sessions Judge, North Bastar, District Kanker in Sessions Trial No.32/10 whereby the learned Additional Sessions Judge has convicted the accused/appellants for the offences punishable under Sections 147, 148, 302/149, 307/149 & 324/149 of the Indian Penal Code (henceforth 'the IPC') and sentenced each of them to undergo RI for 6 months with fine of Rs.100.00; RI for 1 year with fine of Rs.100.00; RI for life with fine of Rs.100.00; RI for 7 years with fine of Rs.100.00 & RI for 1 year with fine of Rs.100.00, plus default stipulations, respectively.

(3.) Brief facts of the case are that a day prior to the date of incident i.e. on 17.8.2009, there was some quarrel between brother of accused/appellant Brajesh with one Lokesh & Durgesh (deceased) and therefore on 18.8.2009 at 11 in the night when Durgesh (deceased) along with his friends was standing in a betel shop situated near Hotel Hina, accused/appellants namely Dinesh Rawani, Brijesh Sonkar, Mani Yadav & Parmesh Thakur along with their friends came there and after abusing Durgesh and his friends, caused injuries to them including gupti injuries to Durgesh & Natwar (PW-1). Durgesh succumbed to the injuries while he was being shifted to the hospital. At the instance of Shailendra Kumar (PW-2), FIR (Ex.P-2) was registered on 19.8.2009 at 00.25 hrs against accused/appellants namely Dinesh Rawani, Brijesh Sonkar, Mani Yadav, Parmesh Thakur & Manoj Sewani for the offence punishable under Sections 302, 307/34 of Penal Code and Sections 25 & 27 of the Arms Act. Immediately thereafter merg intimation (Ex.P-3) was recorded. Inquest (Ex.P-6) was prepared on the body of deceased on 19.8.2009. Body of the deceased was sent for post-mortem examination which was conducted by Dr. A.K. Verma (PW-6) and he noticed following injuries;-