MUTUR RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the aforesaid criminal appeals are arising out of the same judgment of conviction & order of sentence dated 14.5.2003 passed by the 2nd Additional Sessions Judge, Ambikapur, in Sessions Trial No.315/2001, they are being disposed of by this common judgment.

(2.) Challenge in these appeals is to the judgment of conviction and order of sentence dated 14.5.2003 passed by the 2nd Additional Sessions Judge, Ambikapur, in Sessions Trial No.315/2001, whereby and where under learned Additional Sessions Judge after holding the appellants guilty for commission of offence under Sections 148 & 302 read with Section 149 of the I.P.C. sentenced each of them to undergo R.I. for three years and to undergo imprisonment for life & pay fine of Rs.10,000, in default of payment of fine to further undergo R.I. for three years, respectively.

(3.) Case of the prosecution, in brief, is that on 18.7.2001 at about 12 noon Rameshwar (since deceased) was sitting in his house with his wife Baso Bai (PW2), daughter-in- law Kamla Bai (PW1) & Raitlo Bai (PW3), after taking meals. Accused Tulsai chased the mother of Baso Bai (PW2) namely, Suari Bai for assaulting her, Suari Bai fied away from her house and went inside the house of the deceased. The deceased and his wife Baso Bai (PW2) intervened and objected accused Tulsai. Other accused Ramsai, Kunwar, Jadu, Pater Sai, Mutur & Dinesh also came, they were holding axe and they dragged deceased Rameshwar from his house and assaulted with axe and stick. Accused Kunwar assaulted deceased Rameshwar with axe on his head. Other accused Tulsai, Mutur, Jadu, Ramsai, Pater & Dinesh assaulted the deceased with stick and caused injury over right leg, left leg, back & waist. Raghu Gond, Shahi Gond, Bigan Gond & Bhagu Seth had seen the incident. Wife of the deceased Baso Bai (PW2) went to Police Station Darima, 18 kms. away from the place of incident, and lodged the report within 4 hours vide Ex.P1. Injured Rameshwar was taken to the police station and to the hospital. He was examined by Dr. J.K. Jain (PW11) and Dr. O.P. Shrivastava (PW12) vide Ex.P3A. The injured was unconscious, his blood pressure was 108/80 mm, pulse was 68 per minute, pupils were diluted and not reacting, blood was coming from the mouth and injuries were present over the body. There was a lacerated wound over left side of head and injured Rameshwar was admitted in hospital for treatment. During treatment, he died on 19.7.2001 at 6.30 a.m. Death of Rameshwar was intimated by the doctor to the police station and on the basis of said intimation, merg was recorded. The Investigating Officer left for the scene of occurrence and after summoning the witnesses vide Ex. P22, inquest over the dead body of Rameshwar was prepared vide Ex. P23. The dead body was sent for autopsy to District Hospital Ambikapur vide Ex. P2 and autopsy was conducted by Dr. B.P. Chandra (PW4) vide Ex.P2 who found following injuries: