GHARBHARAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals have been directed against the judgment and order dated 29/30-1-2003 passed in Sessions Trial No. 392/2001 by the Sixth Additional Sessions Judge (F.T.C.), Surajpur, District Surguja (C.G.) whereby, the appellants have been convicted and sentenced in the following manner :- Appellant-Gahabar Conviction Sentence u/S. 302, IPC u/S. 323 read with Section 34, IPC Imprisonment for life Fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for 4 months And Appellant-Gharbharan Conviction Sentence u/S. 302 read with Section 34, IPC Imprisonment for life u/S. 323, IPC Fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for 4 months

(2.) The facts, briefly stated, are as under :- Seven accused persons, including the 2 appellants, were tried for the offences punishable u/Ss. 148, 302/149, 324/149 and 323/ 149, IPC. The allegations were that on 28-9-2001 at about 6.00 p.m. they formed an unlawful assembly, participated in rioting with deadly weapons and in prosecution of the common object of the unlawful assembly committed murder of deceased-Kisunram and caused injuries to his son and wife namely Sanjay Kumar (P.W. 5) and Janki Bai (P.W. 4). Gahabar had a kirana shop in the village. Deceased-Kisunram was also constructing a shop in front of the shop of accused-Gahabar. It is for this reason, the accused person had allegedly attacked over the deceased and the victims and they caused injuries to them. The matter was reported by the wife of the deceased namely Janki Bai (P.W. 4), on which a First Information Report was registered under Ex. P/20. The Investigating Officer reached to the scene of occurrence, gave notice (Ex. P/2) to the Panchas and prepared inquest (Ex. P/3) on the body of the deceased. The dead body of the deceased was sent for its post-mortem to Community Health Centre. Vishrampur under Ex. P/24, where the post-mortem examination was conducted by Dr. K. K. Tamrakar (P.W. 11), who prepared his report Ex. P/37. The Autopsy Surgeon noticed 8 incised wounds on the vital parts of the body of the deceased including the skull and opined that all the injuries were ante-mortem and were caused by sharp cutting object. The cause of death was shock as a result of the injuries sustained by the deceased and it was homicidal in nature. In further investigation site plan was prepared under Ex. P/21. Another site plan was prepared under Ex. P/27. Blood-stained soil, plain soil and a piece of goggles were seized from the place of occurrence under Ex. P/19. After taking the accused persons into custody, their memorandum statements (Ex. P/4, P/6. P/8, P/10, P/12, P/14 and P/16) u/S. 27 of the Evidence Act were recorded and the weapons of offences were seized at the instance of the accused persons under Ex. P/5, P/7, P/9, P/11, P/13, P/15 and P/17. A tabbal was seized at the instance of accused/appellant Gahabar and a lathi was seized at the instance of accused/appellant Gharbharan. Injured Janki Bai (P.W. 4) was sent for her medical examination under Ex. P/25 and her injury report Ex. P/25A was collected. Injured Sanjay Kumar (P.W. 5) was also sent for his medical examination under Ex. P/26 and his injury report Ex. P./26A was also collected. Janki Bai and Sanjay Kumar had sustained simple injuries. The seized articles were sent for their chemical examination to Forensic Science Laboratory. Raiput under Ex. P/36 but the F.S.L. report could not be produced. After completion of usual investigation, the charge-sheet was filed in the Court of Judicial Magistrate, First Class, Surajpur. who in turn committed the matter to the concerned Sessions Court, from where, it was received on transfer by the Sixth Additional Sessions Judge (F.T.C.), Surajpur. District Surguja, who conducted the trial and convicted and sentenced the accused/appellant as aforementioned. However, the other 5 accused persons were acquitted.

(3.) The prosecution examined 4 eye-witnesses namely Shivbalak (P.W. 1). Nanku (P.W. 3), Janki Bai (P.W. 4) and Sanjay Kumar (P.W. 5).