JANGLI RAM Vs. STATE OF C.G

JUDGEMENT

(1.) THE Appellants have preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure (for short 'the Code') against the judgment of conviction and order of sentence dated 12-9-2003 passed by the 2nd Additional Sessions Judge, Ambikapur, in S.T. No. 465/2002 whereby learned 2nd Additional Sessions Judge has convicted the Appellants under Sections 148, 452, 302 read with Section 149 and 307 read with Section 149 of the IPC and sentenced each of them to undergo R.I. for 1 year; R.I. for 7 years & fine of Rs. 100/-; life imprisonment and fine of Rs. 100/- and R.I. for 7 years & fine of Rs. 100/-respectively with usual default clauses.

(2.) THE case of the prosecution, in brief, is that on 24-8-2002 at about 6 a.m. complainant Lalli Namna was present in his house. His father Jeevlal, Mongia, Savita and Budhram were also present in his house. THE Appellants and other accused persons armed with club, battleaxe, sword and rod attacked Jeevlal in revenge of the quarrel which had taken place a day before the incident. He sustained multiple injuries on his head and other parts of the body. When Lalli and Paras intervened and tried to save, they were also assaulted by the accused persons and they also sustained injuries over head, leg and other parts of the body. After committing the offence, the accused persons went away THE incident was witnessed by Savita, Budhram, MongiaBai etc..

(3.) IN the same incident, accused Dipak Toppo also sustained injuries and he was sent for medical examination to Government Hospital, Ambikapur, vide Ex.-D/4 and his medical report is Ex.-P/25.