SONU SHRIVAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As all these appeals arise out of the judgment of conviction and order of sentence dated 23.2.2015 passed by the Special Sessions Judge (Atrocities), Bilaspur in Special Sessions Case No.04/2013, convicting each of the appellants under Sections 302/34 & 323/34 of IPC and sentencing them to undergo imprisonment for life, pay a fine of Rs. 1000/- and RI for 03 months, pay a fine of Rs. 500/- with default stipulations respectively, they are being disposed of by this common judgment.

(2.) As per the prosecution case, on 11.11.2012 at about 10.15 pm, accused No.1 Amit Yadav was peeping into bathroom of PW-10 Chaitram through a hole which was objected by him. However, accused Amit Yadav instead of leaving the spot, started abusing Chaitram filthily and other accused persons namely Banti Sharma and Sonu Shrivas also joined him. Deceased Dhansingh, uncle of Chaitram, came out from his house and intervened in the matter but unfortunately the accused persons started beating him by hands, fists and bricks. The other uncle of PW-10 namely Tularam (PW-11) and Nohar (PW-3) also came to his rescue but they too were beaten by the accused persons by hands and clubs. During this fight, accused No.2 Banti Sharma also sustained some injuries vide Ex. D/3. Injured Dhansingh was taken to hospital where he was declared brought dead. On 11.11.2012 itself at 10.50 pm merg intimation Ex.P/12 was recorded at the instance of PW-10. Soon thereafter at 10.55 pm FIR (Ex.P/13) was lodged by PW-10 against all the three accused persons under Sections 294, 323, 302 of IPC.

(3.) Inquest on the dead body was conducted on 12.11.2012 vide Ex.P/4 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-14 Dr. Vijay Kumar Verma vide Ex.P/34. The autopsy surgeon noticed lacerated wounds on frontal mid upper side of forehead, contusion over right eyebrow, all over head, abrasion over inner part of right thigh, fracture of right parietal bone as well as left partial bone. All the injuries were caused by hard and blunt object and were anti-mortem in nature. In his opinion, the cause of death was coma as a result of injuries to head and brain and the nature of death was homicidal.