SONU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These two appeals arise out of a common judgment dated 04.04.13 passed by the First Additional Sessions Judge, Raigarh in Sessions Trial No. 87/2011 whereby the appellants have been held guilty of commission of the offence under Section 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/- with default stipulation, which are being disposed of by this common judgment.

(2.) Prosecution story as revealed from the records of the case is that on the date of incident i.e. 01.05.2011 at about 10.00 p.m. in the evening, when Chetan came out of his house to respond to the call of nature, the appellants herein and third unknown accused who was already present, surrounded him, he was assaulted and stabbed. Chetan was, thereafter, taken to the hospital and upon receipt of information regarding stab injury, the police started making enquiry. Statement of Chetan was recorded by PW-10 vide Ex.P-24. Offence under Section 307/34 IPC was registered by the police vide FIR Ex.P25 on 03.05.2011. Eventually, Chetan succumbed to the injury. Merg intimation was received in the police station. Dead body was sent for postmortem and upon receipt of postmortem report, the police registered crime for commission of offence under Section 302 IPC against the present appellants and unknown accused (who is said to be absconding even now). After completion of usual investigation and recording diary statements, seizure and recording memorandum statement of the accused, sending seized articles for FSL report, investigation was completed and charge sheet was filed before the Judicial Magistrate First Class Raigarh who, in turn, committed for trial and the appellant was tried for commission of alleged offence under Section 302 IPC. The trial court on the basis of material contained in the charge sheet framed charges against the appellants for the offence under Section 302 IPC alleging that there was common intention shared by the appellants to murder Chetan. The appellants abjured guilt and were subjected to trial.

(3.) Prosecution, in order to prove its case, examined as many as 10 witnesses. The appellants were examined under Section 313 Cr.PC and they denied having committed any offence and said that they have been falsely implicated. Two defence witnesses were examined by the accused to establish their defence.