MANIRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The above appeals since arising out of a common judgment, are heard together and being disposed of by this common judgment.

(2.) Challenge in the above appeals is to the judgment of conviction and order of sentence dated 14.6.2012 passed by the Additional Sessions Judge, Janjgir, District Janjgir Champa (CG) in Sessions Trial No.173/2011 thereby convicting the accused/appellants under Section 302/34 of the Indian Penal Code (henceforth 'the IPC') and sentencing each of them to undergo rigorous imprisonment for life and fine of Rs. 5,000/-, in default to undergo additional RI for 1 year.

(3.) The prosecution case, in brief, is that Santosh Sriwas (since deceased) was incarcerated in District Jail, Janjgir on 30.4.2011 in connection with Crime No.42/11 registered at Police Station AJAK, Janjgir for commission of offence punishable under Sections 294, 526 & 324 of the IPC and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He was kept in Barrack No.1. On 2.5.2011 due to use of slippers in the barrack by the deceased, the accused/appellants tied his hands, legs and mouth with the cloth and beat him with hands, kicks, fists and stick and thereafter pushed him from stairs towards the ground due to which the deceased fell down from the stairs and sustained injuries on various parts of his body. Incident was witnessed by other inmates of barrack and Guards posted in jail. The deceased was brought to the jail hospital where he was given treatment and thereafter he was shifted to Barrack No.5. On 5.2011 when the health of deceased worsened, he was brought to District Hospital, Janjgir where he was declared brought dead by the doctor. Un-numbered merg (Ex.P-24) was registered at the instance of Jail Guard (PW-14) and based on which numbered Merg was recorded vide Ex.P-25 on 5.2011 itself. A team of three doctors, at District Hospital, Janjgir, conducted autopsy on the body of the deceased vide Ex.P-49. According to the team of doctors, who conducted post-mortem examination, cause of death was cardio respiratory failure as a result of multiple injuries and pathology of organs and their complications. Mode of death was asphyxia. On a query being made by the police regarding nature of death, Dr. A.K. Jagat (PW-25) stated that death appears to be homicidal in nature. After receipt of postmortem report and conducting merg enquiry, FIR (Ex.P-27) was registered accused persons on 10.5.2011 under Sections 302 & 201 of IPC. Memorandum statement (Ex.P-7) of accused/appellant Ashwani @ Pappu Mali was recorded and on the basis of disclosure statement by him, one club and slippers were seized vide seizure memo Ex.P-8. On the basis of memorandum statement (Ex.P-5) of accused/appellant Maniram Sahu, one cotton cloth was seized vide Ex.P-6. Likewise at the instance of accused/appellant Sarju Prasad one towel was seized vide Ex.P-10.