MUKESH SINGH Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 30. 12. 2002 delivered by the Additional Sessions Judge, Manendragarh, district Korea in Sessions Trial No. 289/ 2002, whereby while acquitting co-accused dhanraj Tiwari @ Dhannu, Madhav Prasad @ Mukri and Anjan from all charges, the appellants were convicted under Sections 147, 148, 302 read with Section 149, 302 read with Section 149 and under Section 324 read with Section 149 of the Indian Penal code and sentenced to rigorous imprisonment for one year under Section 147 of the indian Penal Code, rigorous imprisonment for 2 years under Section 148 of the Indian penal Code, life imprisonment with fine of rs. 1,000 for each offence under Section 302 read with Section 149 of the Indian Penal code and to rigorous imprisonment for 2 years under Section 324 read with Section 149 of the Indian Penal Code. Fine of rs. 1,000 each was also imposed for each offence under Section 302 read with Section 149 of the Indian Penal Code, in default of which, the appellants were to undergo further rigorous imprisonment for 5 months on each count.

(2.) IN order to appreciate the focal issue involved in this appeal, we deem it necessary to narrate as to how the law was set into motion and police investigation progressed from day one. On 8. 10. 2001 at 8. 30 a. m. Wardboy Shiv Prasad Yadav of the community Health Centre, Manendragarh delivered a written memorandum sent by dr. Suresh Tiwari at Police Station manendragarh stating that one Nasir Khan, aged 23 years of Ward No. 10, manendragarh was brought dead to the hospital at about 7. 20 a. m. on 8. 10. 2001. Upon this, merg intimation Ex. P22 was registered. Wardboy Shiv Prasad Yadav delivered another memorandum of Dr. Suresh tiwari at Police Station Manendragarh at 8. 35 a. m. which mentioned that one Rajesh thapa, aged 24 years had expired in the hospital at 7. 50 a. m. on 8. 10. 2001. Upon this, Merg Intimation Ex. P23 was registered. At 10. 45 a. m. Inquest Ex. P15 on the dead body of Nasir Khan and Ex. P16 on the dead body of Rajesh Thapa was done. One rakesh Thapa, brother of the deceased rajesh Thapa informed the police at the time of inquest that his brother deceased rajesh Thapa was released from jail a week prior to his death and had left the house on the evening of 7. 10. 2001, but did not return home and it was learnt that some persons had assaulted Rajesh. Similar information was given by Kadir Khan, brother of the deceased Nasir Khan. He further informed the police that at about 5 p. m. on 7. 10. 2001 rajesh had come to their house and had taken Nasir with him.

(3.) ON 8. 10. 2001, the dead body of Rajesh was sent at 9. 30 a. m. to the Community health Centre, Manendragarh for postmortem examination. Dr. S. K. Tiwari, PW13 conducted the autopsy at 11. 30 a. m. and found the following injuries on Rajesh: