RANJIT KUMAR AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 9-3-2010 passed by the Additional Sessions Judge, Gariyaband, Session Division Raipur (CG) in Sessions Trial No. 28 of 2009 wherein the said court convicted the appellants under Sections 342 and 352 of IPC and sentenced them to undergo RI for one year and fine of Rs. 100/- each and RI for three months and fine of Rs. 500/- each with default stipulations.

(2.) As per prosecution case, appellants tied the hands and legs of victim Vijay Kumar Sahu with rope on 22-2-2009 at about 11.00 a.m., at village Borsi and tried to set him ablaze upon pouring kerosene on him.

(3.) Vijay Kumar Sahu is the victim and as per his version appellants tied him with rope and thereafter poured kerosene on him, but this version is not stated by him during investigation to Police Officer when he recorded his statement under section 161 of the Code of Criminal Procedure, 1973 as per Ex.D/3. The other witness is Khilawan (PW/3) and he has also supported the version of Vijay Kumar Sahu, but his statement before the court is exaggerated to his earlier statement recorded by the Police Officer and in his earlier statement he did not state regarding pouring of kerosene. PW/2 Itwari Ram is hearsay witness to whom Kartik Ram (PW/1) informed about the incident. Kartik Ram (PW/1) has not supported the version of prosecution. PW/5 Kamlesh Tarak has also not supported the version of prosecution. Krishna Kumar Sahu (PW/9) is the person to whom Ranjit informed about the incident. The other witnesses are witnesses of assistance during investigation after registration of first information report.