RUSTAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.6.2004 passed in Sessions Trial No.374 of 1999 by the 4th Additional Sessions Judge, Ambikapur at Surguja convicting and sentencing the accused/Appellants as under: <FRM>JUDGEMENT_109_LAWS(CHH)1_2018_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 26.8.1999 at about 5:00 p.m., Balkumari (PW11) was standing up before her house and her husband Jagarnath (PW10) was inside the house. At that time, Appellant No.4, Bhisam alias Bhima along with his friends teased her. Having heard noise, her husband came out of the house. He abused Bhisam and his friends on which they ran away. At about 9:00 p.m., when Balkumari was taking meals along with her children, her cousin Ramkishun (PW14) was standing up near the door of her house. At that time, the accused/Appellants entered her house and started beating Ramkishun and Jagarnath. When she intervened, the accused/Appellants assaulted her also with danda. Having heard noise, her neighbour Suryapal (deceased) came there. He was also assaulted by the accused/Appellants with danda. As a result of the assault, he sustained injury on the head and face and fell down. Having seen the villagers coming toward the accused/Appellants, they fled from there. Jagarnath and Suryapal were taken to the hospital. Suryapal died during treatment. Dehati Nalishi (Ex.P10) was lodged by Balkumari (PW11). Inquest (Ex.P5) was prepared on 27.8.1999. Post mortem examination was conducted by Dr. M.K. Jain (PW18). His report is Ex.P34A in which he found following injuries:

(3.) To rope in the accused/Appellants, the prosecution examined as many as 22 witnesses. Statement of the accused/Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt. No witness has been examined in their defence.