VIDYADHAR MANJHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 2.12.2013 passed by the learned 1st Additional Sessions Judge, Raigarh in S.T. No.154/12 convicting the accused/appellants under Section 302/34 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to RI for life and fine of Rs. 5,000/-, in default to undergo additional RI for 1 year.

(2.) The prosecution story, in brief, is that Dhansingh Manjhi (deceased) was having illicit relation with Manmoti, wife of accused/appellant No.1. It is stated that on the date of incident i.e. 16.7.2012 at about 5 pm, when the deceased and said Manmoti were going together towards the village pond, they were seen by accused persons, after seeing them the accused persons chased them and caused injuries to the deceased by club and axe. Seeing the assaults, Manmoti fled from the spot. On coming to know about the incident, Bundrawati (PW-1), mother of deceased, Nandlal (PW4) and other villagers reached the spot before whom the deceased made oral dying declaration stating that the accused person had assaulted him. Immediately thereafter the deceased was taken to Community Health Centre, Gharghoda for treatment where his MLC was done by the doctor (PW_8) vide Ex.P-10A. However, looking to the critical condition of the deceased, he was referred to KG Government Hospital, Raigarh and on reaching the hospital, the doctor declared him brought dead. Meanwhile, on the basis of report of the deceased, FIR (Ex.P-8) was registered on 16.7.2012 at 10.30 p.m. against the appellants under Section 324, 294, 506II, 34 of IPC. Diary statement (unexhibited) of deceased Dhansingh was also recorded on 16.7.2012 itself. After the death of the deceased, un-numbered merg (Ex.P-7) was recorded on 17.7.2012, whereas numbered merg was recorded on 18.7.2012 vide Ex.P-8. Inquest (Ex.P-27) was prepared over the body of deceased on 17.7.2012 in which it has been recorded that PW-1 has informed the police that her son was killed by accused persons. Body was sent for post-mortem examination which was conducted by Dr. R.N. Mandavi (PW-3) and he noticed following injuries on the body of deceased;-

(3.) After investigation, charge sheet against the accused/appellants was filed under Section 302/34, 294, 506 Part II of IPC followed by framing of charges by the Court below under those sections. The prosecution in order to bring home the charges levelled against the accused persons examined 12 witnesses in all. Statements of accused/appellants were recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence & false implication.