MANSHARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THESE appeals have been directed against the judgment and order dated 6. 8. 2005 passed in Sessions trial No. 135/2001, by the First Additional sessions Judge, Rajnandgaon (C. G.), whereby the appellants have been convicted and sentenced in the following manner with a further direction to run the sentences concurrently: <FRM>JUDGEMENT_446_CRIMES4_2009Html1.htm</FRM>

(2.) THE facts, briefly stated, are as under: complainant Mahar Singh (PW6) of village Gobiyagarh was sleeping in his house in the intervening night of 16. 6. 2001 and 17. 6. 2001. At about 12. 30 a. m. , Mansaru (acquitted accused no. 1) came to his house asking for some food materials saying that some daddas have come to her house and she had to prepare meal for them. She went back after taking those materials. At about 1. 00 p. m. , she again came with 5 persons. They took his father twaru Gond with them. After half an hour, they again returned back with the dead body of his father and threw it in front of his house. They demanded money from the complainant. When he denied, they assaulted him and thereafter they committed dacoity of various silver ornaments belonging to the complainant. They again demanded rs. 10,000 from the complainant which he denied. Appellant Mansharam was one of the 5 accused persons who were with accused Mansaru, They also caught uncle of the complainant, namely Buturam. They were demanding money from Buturam. When he denied, they started beating him with danda. Buturam died instantaneously. Thereafter appellant Masharam and the above 5 persons looted Rs. 2,000 from the house of Deoprasad, Rs. 1,000 and a saree from the house of Itwar and rs. 100 along with paint-shirt from the house of Ramcharan. In the process of committing dacoity, they assaulted basanti (PW21), Deoprasad (PW15), mehatar (PW12), Jyoti (PW16) and saysai Bai. The matter was reported to the police by Mahar Singh (PW 6) in village khadgaon on 17. 6. 2001 itself on which a Dehatinalishi (Ex. P13) was recorded. It contains the names of two accused persons i. e. Mansharam and Mansaru along with 5 other unknown persons. It also contains the details of property looted by the accused persons. Based on the aforesaid nalishi, a First Information report (Ex. 12) was registered in police station Mohala. Merg intimations were registered under Ex. P14 and P15. Site plan was prepared under ex. P10. After giving notices (Ex. P36 and P 37) to the Panchas, inquest on the bodies of the deceased persons were prepared under Ex. P38, and D/2. The dead bodies of the deceased persons were sent for their post-mortem to Community Health Centre, mohalla, where the post-mortem examinations were conducted by Dr. S. R. Mandavi (PW9), who prepared his reports ex. P23 and P/4. The Autopsy Surgeon noticed many external injuries, including the fractures on the bodies of the deceased persons and opined that the injuries were ante-mortem in nature and were caused by hard and blunt object. He further opined that the causes of death were shock, due to extensive hurt and the death were homicidal in nature. After taking the accused persons safura @ Meena, Matho Bai @ Kavita, chainu and Ankalu into custody, their memorandum statements (Ex. P2, P3, p4 and P5) were recorded under Section 27 of the Evidence Act and various articles, including the ornaments were seized from their possession under Ex. P6, P7, P8 and P9. Ornaments were put for identification and they were rightly identified through Ex. P1. Injured Sanghmaya Bai, Joti (PW16), deoprasad (PW15), Tijan (PW14), mehatar (PW12), Mahar Singh (another victim than complainant), basanti Bai (PW21) and Mahar Singh s/o Itwaru Gond (complainant PW6)were also sent for their medical examinations and their MLC reports were collected under Ex. P 25, P 26, P27, p28, P29, P30, P31 and P32. After arrest of the accused persons accused Safura @ Meena and Matho @ kavita were put for their identification on 24. 7. 2001 and they were identified by Mahar Singh (PW6) through T. I. P. memo Ex. P17. Appellants Chainuram and Ankalu were also put for identification on 16. 7. 2001 and they were also identified by Mahar Singh (PW6)through T. I. P. memo Ex. P16. After completion of usual investigation, the charge-sheet was filed in the court of Judicial Magistrate, First class, Ambagarh Chowki against 7 accused persons, who in turn committed the matter to the concerned Sessions court, from where it was received on transfer by the First Additional sessions Judge, Rajnandgaon, who conducted the trial and convicted the accused/appellants as aforementioned. However, the other accused persons namely Mansaru (Al), Matho bai @ Kavita (A3), Safura @ Meena (A4) and Badbud @ Nawluram (A7), were acquitted.

(3.) THE conviction of the appellants is based on the testimonies of Mahar Singh (PW6), Mehatar (PW12) and Tijan (PW14)corroborated by the evidence of test identification parade conducted by the Executive magistrate, Sudhir Taram (PW10) on 16. 7. 2001 through Ex. P16 in which Mahar singh (PW6 ). rightly identified appellants ankalu and Chainu.