GOVERDHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction & order of sentence dated 6.3.2002 passed by the Second Additional Sessions Judge, Raipur, in Sessions Trial No.448/2001 whereby and whereunder learned Second Additional Sessions Judge after holding the appellants guilty for the offence of murder, convicted under Section 302 read with section 34 of the Indian Penal Code and each of them sentenced to undergo imprisonment for life and to pay a fine of Rs.10000/- in default of payment of fine to further undergo rigorous imprisonment for 3 years.

(2.) Judgment & order are challenged on the ground that without there being any reliable and clinching evidence against the appellants, the Second Additional Sessions Judge has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) Case of the prosecution in brief is that on 23.9.2001 at about 7 a.m. Santosh Kumar Mandle (PW-6) servant of Shatruhan Sharma (PW-5) and Smt.Latabai (PW-10) was washing utensils in the house of Shatruhan at village Tilda, Police Station-Neora, District-Raipur. He heard sound for help of son of Shatruhan deceased Suraj (cpkvks cpkvks). He came out from the house. Accused persons were assaulting Suraj by axe and iron pipe. Suraj fell down. Accused Goverdhan assaulted by axe, accused Rajendra assaulted by iron pipe and accused Chintaram assaulted by fist and kick to Suraj. Chintrman was also saying that beat and kill him. He immediately informed the incident to Shatruhan Sharma (PW-5) and Smt.Latabai (PW- 10). Bhuru, mother of Bau and other persons have seen the incident. In the intervening night of 22.9.2001 and 23.9.2001 at about 11 p.m. earlier Suraj had gone into house of Chintaram for ganza seeds and thereafter, accused Chintaram came to the house of Suraj and quarreled. The accused persons caused fatal injuries over the body of Suraj. He become unconscious. Santosh Kumar Mandle (PW-6) lodged the F.I.R. vide Ex.P/12. Mother and father of Suraj immediately took him to hospital. He was examined by Dr.G.R.Agrawal (PW-1) who found following injuries:-