LAXMAN THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 04.07.2013 passed by III Additional Sessions Judge, Durg, in Sessions Trial No.79/2012 convicting accused/appellants under Sections 323/34 and 302/34 IPC & sentencing each of them to undergo S.I. for one year with fine of Rs. 500/- and imprisonment for life with fine of Rs. 1000/- plus default stipulation respectively.

(2.) As per the prosecution case, Chatur Sen (PW/1) was having illicit relation with accused/appellant No.2-Bhagwati @ Laxmi Thakur (A-2), wife of accused/appellant No.1-Laxman Thakur (A-1). Accused/appellant No.3-Mulchand Thakur (A-3) is son of accused/appellant No.1 and It is alleged that on 14.01.2012 at about 6.00 AM when Amerika Bai (PW/3), wife of Chaturn Sen (PW/1), was returning after attending nature's call, she was assaulted by accused/appellant No.2-Bhagwati @ Laxmi Thakur by club, thereafter, Chatur Sen (PW/1), Rukhmani Bai (PW/2) - wife of deceased Ramji and Khilesh Sen (PW/5) were also assaulted by the accused persons. When deceased Ramji intervened in the matter, he was also subjected to injury by the accused persons and it is said that accused/appellant No.1 gave injury to him by iron rod, accused/appellant No.2- Bhagwati by sickle on his neck, whereas accused/appellant No.3- Mulchand by a club. At the instance of Chatur Sen (PW/1), FIR (Ex.P/2) was registered on 14.01.2012 at 8.00 AM against the accused persons under Section 294, 506 Part-II and 324/34 IPC. All the injured were medically examined by Dr. S.D. Bhupendra (PW/13) who gave MLC in respect of the injured noticing following injuries:- MLC (Ex.P/15) of Rukhmini Bai (PW/2)

(3.) During treatment, deceased Ramji succumbed to his injuries. Merg intimation (Ex.P/1) was recorded on 14.01.2012 at 04.00 PM at the instance of Chatur Sen (PW/1). On 15.01.2012, inquest on the body of deceased was conducted vide Ex.P/4 and dead body was sent for postmortem examination to Govt. District Hospital, Durg where Dr. N.C. Roy (PW/15) conducted postmortem examination on the body of deceased and gave his report Ex.P/32 noticing following injuries:-