BHARAT SONI Vs. STATE OF C.G.

JUDGEMENT

(1.) SINCE all the above criminal appeals are arising out of the same judgment of conviction and order of sentence dated 30 -4 -2003 passed by the Special Judge and Additional Sessions Judge, Ambikapur, in Sessions Trial No. 33/2001, they are being disposed of by this common judgment.

(2.) BY these appeals the Appellants have challenged legality and propriety of the judgment of conviction and order of sentence dated 30 -4 -2003 passed by the Special Judge and Additional Sessions Judge, Ambikapur, in Sessions Trial No. 33/2001, whereby and whereunder learned Additional Sessions Judge after holding the Appellants guilty for commission of offence under Sections 147, 148 and 302 read with Section 149 of the I.P.C., sentenced each of them to undergo R.I. for one year and pay fine of Rs. 500/ -, in default of payment of fine to further undergo R.I. for one month; to undergo R.I. for two years and pay fine of Rs. 1,000/ -, in default of payment of fine to further undergo R.I. for two months and to undergo imprisonment for life and pay fine of Rs. 5,000/ -, in default of payment of fine to further undergo R.I. for ten months, respectively.

(3.) CASE of the prosecution, in brief, is that on 5 -12 -2000 at about 7.30 p.m. in Mayapur Ward, Ambikapur; Santosh Kumar Singh (P.W. 4) was standing in front or his house, accused Gopi along with accused Rami came to him, they were in drunken condition and quarrelled with Santosh Kumar Singh. Santosh Kumar Singh and Vinod Vishwakarma (since deceased) slapped accused Gopi on which Gopi and Rami threatened Santosh Kumar Singh and Vinod Vishwakarma that they will kill them and ran away. After some time, Santosh (P.W. 4) and deceased Vinod were standing in front of their house along with Amit Kashyap (P.W. 13), at about 8.40 p.m. accused Gopi, Ranu, Bharat, Dhruv, Jitendra, Sanjay and Rupesh came towards them. Gopi was holding Nepali kukhri, Ranu was holding knife, Jitendra was holding naanchak (weapon like hunter), Bharat was holding rod and Dhruv was holding belt. They attacked Santosh. Ranu assaulted Santosh with knife. Gopi and Ranu attacked Vinod with knife and inflicted injury over chest and waist. Dhruv assaulted Amit with belt and Bharat Soni with rod. Rupesh and Sanjay were directing all the accused to kill them, Jitendra was moving naanchak. Vinod fell down and Santosh cried for help (bachao bachao). Persons of the vicinity Sonu, Suraj, Prakash, Pankaj, Deepak etc. came on which the accused persons started running from the spot. They caught accused Dhruv and Bharat on the spot with the help of other witnesses. They took Vinod in the jeep of Rampravesh Pandey to the Police Station, Vinod was unconscious and they immediately took him to the hospital. Santosh (P.W. 4) lodged F.I.R. on 5 -12 -2000 at 8 -55 p.m. within ten minutes of the incident vide Ex.P -4. The witnesses took Vinod to the hospital at 9 p.m. and during the course of treatment he died at 9.10 p.m. The doctor intimated the death of Vinod vide Ex.P -35 and on the basis of Ex.P -35, merg was recorded vide Ex.P -30. After summoning the witnesses vide Ex.P -32, inquest over the dead body of Vinod was prepared vide Ex.P -33. Amit was also sent for medical examination vide Ex.P -34A and he was examined by Dr. A.K. Bansal (P.W. 12) vide Ex.P -34 who found two abrasions of 1/2 cm. between ring and middle fingers of left hand. The dead body of Vinod was sent for autopsy to Govt. Hospital, Ambikapur vide Ex.P -25 and autopsy was conducted by Dr. S.K. Sinha (P.W. 7) vide Ex.P -26 and following injuries were found on the person of the deceased: