GANESH RAM ALIAS TEDGI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 22.12.2012 passed by Additional Sessions Judge Sakti, District Janjgir Champa in Sessions Trial No. 212/2011 convicting and sentencing the accused/appellants as described below: <FRM>JUDGEMENT_75_LAWS(CHH)2_2018_1.html</FRM>

(2.) As per the case of prosecution, on 13.07.2011 Kheek Bai (PW18) went to the public bore-well for fetching water where accused/appellant Ganesh Ram was already taking bath. When Kheek Bai asked accused Ganesh Ram to allow her to have water, he not only refused for the same but also started abusing her filthily. By that time, her husband (the deceased) also came there and asked the accused Ganesh Ram to permit his wife to get water, on which some altercation took place between them. Accused Ganesh Ram is also stated to have threatened the deceased of life. Hearing the hot-talks, accused/appellants Vishram, Dhananjay and juvenile accused Yaad Ram also came over there carrying axe and club with them and started assaulting Vijay the deceased. Ganesh Ram is stated to have inflicted the blow with axe and others with club as a result of which he suffered injury on his head and fell down on the ground. Thereafter on hearing the cries of Kheek Bai (PW-18), Ram Kumar (PW-1), Sewak Ram (PW-2), Manmohan Lal (PW-7) also came there and when they intervened in the matter, accused/appellants herein as also the juvenile accused Yaad Ram subjected them to beating too. FIR (Ex.P-1) was lodged on the same day by Ram Kumar (PW-1) against the accused/appellants herein as also the juvenile accused Yaad Ram for the offences punishable under Sections 294, 506 (Part-II), 323, 34 IPC. Injured Vijay was medically examined by Dr. G.L. Miri (PW-9) vide report Ex. P-28 and x-ray report Ex. P-29; Ram Kumar (PW-1) was medically examined by the same doctor vide report Ex. P- 26 and x-ray report Ex. P-27; Sewak Ram (PW-2) was medically examined by the same doctor vide his report Ex. P-22 and x-ray report Ex. P-23; Suresh Kumar was medically examined by the same doctor vide medical report Ex. P-20 and his x-ray report is Ex. P-21; Manmohan Lal (PW-7) was medically examined by the same doctor vide report Ex. P-24 and x-ray report Ex. P-25. However, injured Vijay died on 14.7.2011 in the hospital while taking treatment. Inquest Ex. P-3 was conducted on 14.7.2011 and then based on the information received from the hospital, merg Ex. P-36 was recorded on 15.7.2011. Thereafter, the dead-body was subjected to postmortem examination by Dr. R.N. Mandavi (PW-13) who gave his report Ex. P-35. After completion of investigation, police filed the challan and then the Court below framed the charge against the accused/appellants under Sections 302/34, 294, 506 (Part-II), 325/34 and 323/34 on three counts.

(3.) In order to prove the complicity of the accused/appellants in the crime in question, the prosecution has examined 18 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. One Mohar Lal Chandra (DW-1) has also been examined by the defence in support of its case.