SETRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 13.05.2011 passed by the Additional Sessions Judge, Sakti, District Janjgir-Champa (C.G.), in S.T. No.26/2010 convicting the accused/appellants under Sections 341, 324/34 (on two counts), 302/34 of IPC and sentencing them to undergo S.I. for one month, R.I. for two years with fine of Rs.500/-, imprisonment for life with fine of Rs.2,000/- plus default stipulations respectively.

(2.) As per the prosecution case, on 24.10.2009 at about 9.30 am, when complainant Basant Kumar (PW/3) was going on his bicycle along with his wife Vimla Bai (deceased) and minor son Sameer aged 5 years, near Kachanda Nala Pool, accused/appellants, who are the uncle and cousin of Basant Kumar (PW/3), stopped him over land dispute, started abusing him and caused injuries to Basant Kumar (PW/3) by a club and when Vimla Bai tried to intervene, she and her minor son Sameer were also brutally beaten by the accused persons. Basant Kumar (PW/3) somehow escaped from the place of occurrence and rushed to police station where he lodged FIR (Ex.P/6) on 10.30 am against the accused/appellants under Sections 341, 294, 506 Part-II, 323 and 307/34 of IPC. After lodging the report, when Basant Kumar (PW/3) and police party reached the place of occurrence, they found Vimla Bai to be dead and thereafter dehati merg (Ex.P/19) was recorded at 11.30 am. On the same day at 11.45 am, injured Basant Kumar (PW/3) was medically examined vide Ex.P/10 by Dr. S.L. Banjare (PW/8) and found following injuries:-

(3.) Injured Sameer was medially examined on 24.10.2009 at 12.00 noon vide Ex.P/12 by Dr. S.L. Banjare (PW/8) and found following injures:-