RAM CHANDRA Vs. STATE OF C.G

JUDGEMENT

(1.) THE Appellants have preferred this criminal appeal under Section 3 74(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 12.5.2003 passed in ST. No. 420/01 whereby the learned III Additional Sessions Judge, FTC, Mungeli, District Bilaspur has convicted the Appellants under Sections 302/34 & 323/34 of the I.P.C. and sentenced each of them to undergo life imprisonment, pay a fine or Rs. 1,000/-, in default thereof, to undergo additional RI for six months and to pay a fine of Rs. 500/-, and in default of payment of fine, to undergo R.I. for two months.

(2.) CASE of the prosecution, in brief, is that father of injured complainant Karan Singh namely Moujiram and accused persons are cultivators of Village Dodapur. On 20th July, 2001 at 18.00 hours, Appellant RamchandraLodhi under the influence of liquor was brandishing lathi and using filthy language in front of house of one Jaguram on the road. One Bhagwandas took him to his home, however, he again returned and started quarrelling with Jaguram alleging that he got him defeated in Sarpanch election, whereupon Jaguram snatched lathi from him, on which he went back to his home and returned with his brother Tarachand. Ramchandra was holding sword whereas Tarachand was holding lathi. Appellant Ramchandra assaulted Moujiram on his head whereas Appellant Tarachand assaulted him with lathi. Moujiram fell on the ground. Witnesses Karan Singh, Vipatram, Jaguram and Ramnath intervened. At that time, Tarachand also assaulted Karan Singh with lathi, as a result, he sustained injuries over his, left elbow, left leg and thighs. Karan Singh went to police station with Kotwar his father Moujiram and Jaguram and lodged the report against the Appellants vide Ex. P/1 on 21.7.2001 at 2 hours, whereupon offence under Section 307/34 of the IPC was registered against the Appellants. Police sent Moujiram and Karan Singh for examination to Community Health Center, Pathariya vide Ex. P/7 and P/9, where Dr. P.K. Singh examined them and gave their medico legal reports of Ex. P/8 and P/10 respectively. Both of them were also referred to District Hospital, Bilaspur for further treatment, where Moujiram died on 21.7.2001 at 10 am. His dead body was sent for autopsy to Dharam Hospital, Bilaspur on 21.7.2001 vide Ex. P/5, where Dr. S. Chhatterjee conducted postmortem and gave the report of Ex. P/6. Copy of the FIR was forwarded to the Judicial Magistrate First Class, Mungeli and receipt thereof is Ex. P/23. The Appellants were arrested on 22.7.2001 vide Ex. P/16 & P/l 7. Sword and lathi were seized on being produced by Karan Singh on 22.7.2001 vide Ex. P/ 2. The aforesaid articles were sent for examination to CHC, Pathariya vide Ex. P/ 11 and report of the doctor is Ex. P/12. Inquest over the dead body was prepared vide Ex. P/4. Site plan was prepared vide Ex. P/5. Wearing apparels of the deceased in a sealed packet received from hospital were taken into possession vide Ex. P/20. Bloodstained Baniyan, Lungi and Gamchha of the deceased were taken into possession on being produced by Sukritdas - Kotwar vide Ex. P/21.

(3.) LEARNED trial Court framed charge under Section 302/34 or in the alternative 302 and Section 323/34 of the IPC against the Appellants, who abjured their guilt. The prosecution in order to establish the charge against the accused/Appellants examined 14 witnesses in all. Thereafter, statements of accused/Appellant were recorded under Section 313 of the Code of Criminal Procedure in which they denied the circumstances appearing against them in the prosecution case and pleaded innocence and false implication.