DAYARAM NAGWANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 27.06.2014 passed by Additional Sessions Judge (FTC) Raigarh, in Sessions Trial No. 57/2013 convicting the accused/appellants under Section 302/34 IPC and sentencing each of them to undergo imprisonment for life and pay fine of Rs. 1000/-, plus default stipulation.

(2.) Name of the deceased in this case is Saadram Nagvanshi the uncle of the accused/appellants. It is alleged that on 27.01.2013 the accused/appellant Dayaram Nagwanshi had invited the deceased to his house for celebrating the local festival known as Chherchhera where some dispute coupled with scuffle arose between the two. Noticing this, the deceased was taken home by his wife. Sometime thereafter, both the accused/appellants started abusing the deceased, dragged him out where accused Dayaram is stated to have assaulted him with the help of wooden log whereas the accused Lalit Kumar assaulted him with hands and fists. Further case of the prosecution is that the deceased was then taken to hospital by the villagers incluidng the accused/appellants where he died on 31.01.2013 while taking treatment. After being taken to hospital, Saadram was first medically examined by Dr. Raj Kumar Gupta (PW-13) on 27.1.2013 who found one lacerated wound on parietotemporal region of head in the size of 2 x 5 cm x bone deep. After receiving the information from the hospital, FIR Ex. P-20 was registered on 27.01.2013 at 10.10 PM against accused/appellant Dayaram Nagwanshi alias Guddu for the offence punishable under Sections 294, 506-II and 323 IPC. Information about the death of Saadram was also sent by the hospital on 31.01.2013 and based on that, merg Ex. P-9 came to be recorded. After drawing inquest Ex. P-4, dead-body was sent for postmortem examination which was conducted by PW-13 who gave his report Ex. P-18. Thereafter, on 1.2013 memorandum of accused/appellant Dayaram Nagwanshi was recorded vide Ex. P-11 based on which seizure of blood stained wooden log was made under Ex. P-13. However, there is no FSL report on record. After completion of investigation, police filed challan against the accused/appellants u/s 294, 506-II, 323, 307, 302, 34 IPC followed by framing of charge by the Court below u/s 294, 506, 323, 302/ 34 IPC.

(3.) In order to prove the complicity of the accused/appellants in the crime in question, the prosecution has examined 15 witnesses. Statements of the accused/appellants under Section 313 Cr.P.C. were also recorded in which they denied their guilt and pleaded innocence and false implication in the case.