MANGLU Vs. STATE OF C G

JUDGEMENT

(1.) APPELLANTS have been convicted u/ss 148 and 302/149 IPC and sentenced to undergo R.I. for 1 year & fine of Rs.100/- and imprisonment for life & fine of Rs. 1,000/- with default sentences of S.I. for 10 days and S.I. for 6 months respectively with a further direction to run the sentences concurrently, by the Additional Sessions Judge, Rajnandgaon (C.G.) in Sessions Trial No. 06/2004 on 25th of August, 2005.

(2.) THE facts, briefly stated, are as under :- In the intervening night of 25.2.2003 & 26.2.2003, complainant Kamlesh @ Nawlu Usendi (since deceased), his father Nohruram (PW-3), mother Sukobai (PW-1) and nephew Ashok Kumar (PW-11) were present in their house in village Medha. At about 12.00 in the night, the accused persons (33 in numbers), armed with deadly weapons, came to his house and called his father. When they were taking his father, the complainant intervened, on which, they caught the complainant, started beating him and took him to a nearby place known as Dhabba Road Nala. They caused injuries by sword and knife. Due to injury on the abdomen, the intestine of the complainant came out. When his mother tried to intervene, the accused persons fired from a gun. The matter was reported by the complainant himself in the concerned police station on 26.2.2003, on which, a First Information Report (Ex.-P/18) was registered u/ss 147, 148 & 307/149 IPC and Sections 25 & 27 of the Arms Act. The complainant named 10 accused persons, including the five appellants, in the F.I.R. i.e. Manglu Souri (appellant No.1), Ramesh Salame, Kochku (appellant No.5), Sankur Pudo, Renuram, Ranveer (appellant No.4), Ramsai (appellant No.3), Durguram, Dinesh Ghawde (appellant No.2) and Nam Pudo. He also mentioned that these persons were accompanied by other naxalites who were also armed with deadly weapons. Complainant Kamlesh @ Nawlu Usendi was sent for his medical examination to Government Hospital, Manpur under Ex.-P/10 A, where he was examined by Dr. Sanjay Meshram (PW-7) who prepared his report Ex.-P/10. He noticed one penetrating injury on right side of abdomen, one lacerated wound on the right side of forehead, swelling, pain and tenderness on the right cheek parietal area and contusions on the right eye. He observed that abdominal contain has come out from injury No.1. Injury No.2 was of the size of 2 x 1 x 1 inches and injury No.3 was of the size of 1 x 11/2 x 1/2 inches. The injuries were caused by sharp and hard object and were grievous in nature. He referred the patient to District Hospital, Rajnandgaon for surgical checkup, from where, he was shifted to Medical College, Raipur, where he died during the course of his treatment on 27.2.2003 at 13.00 hours. A Merg intimation (Ex.-P/11) was given by Ward-Boy, Shyamlal Pathak, in police station, Mohadapara (Raipur). The Investigating Officer gave notice (Ex.-P/l 2) to the Panchas and prepared inquest (Ex.-P/13) on the body of the deceased. A requisition (Ex.-P/9A) was sent to Dr. Ambedkar Hospital, Raipur for conducting post-mortem, on which, the post-mortem examination was conducted by Dr. Ulhas Gonnade (PW-6), who prepared his report Ex.-P/9. The Autopsy Surgeon noticed many injuries including one stitched wound on the abdomen of the deceased. In internal examination, he found pus and infection around the intestine and opined that cause of death was cardio respiratory failure on account of penetrating injury sustained on the abdomen. During the course of treatment of the deceased in Primary Health Centre, Manpur, his dying declaration (Ex.-P/ 21) was recorded by the Executive Magistrate, D.R. Thakur (PW-13). After taking the accused/appellants Dinesh and Manglu, their memorandum statements (Ex.-P/5 & P/6) were recorded u/s 27 of the Evidence Act and bharmar gun, lathis and objectionable materials like naxalite pamphlets etc. were seized at their instances under Ex.-P/7 & P/8. Blood stained soil, plain soil and one broken piece of pointed object were seized from the place of occurrence under Ex.-P/2. After completion of usual investigation, a charge-sheet was filed against 33 accused persons in the Court of Judicial Magistrate, First Class, Ambagarh Chowki. 19 accused persons were produced before the Court, whereas, 14 accused persons were shown as absconding. The said Magistrate committed the matter to the Sessions Court, Rajnandgaon, from where it was received on transfer by the Additional Sessions Judge, Rajnandgaon, who conducted the trial against the 19 accused persons, including the appellants, out of which the 5 accused/appellants were convicted as aforementioned, whereas, remaining 14 accused persons were acquitted. The trial against the other 14 accused persons could not be conducted showing them to be absconding.

(3.) THE homicidal death of the deceased is not in dispute. It comes in the F.I.R. (Ex.-P/18) and the dying declaration (Ex.-P/21) made by the deceased that he was assaulted by the deadly weapons, due to which he sustained many injuries including the injury in the abdomen. The two Doctors also found various injuries on the body of the deceased and the Autopsy Surgeon opined that the cause of death was cardio respiratory failure on account of penetrating injury sustained on the abdomen. Therefore, it was established that the death of deceased Kamlesh @ Nawlu Usendi was homicidal in nature.