MULCHAND @ BABLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have been convicted for committing offence under Section 302/34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.5000/- each, with default stipulations vide judgment dated 26th September, 2013 passed by the 2nd Additional Sessions Judge, Bilaspur in ST No.71/2012.

(2.) The appellants have allegedly committed murder of deceased Teraslal during the intervening night of 26th/27th December, 2011 at the kitchen shed of middle school of village Bade Medpar, PS Hirri, District Bilaspur, by assaulting him with lathi/club and thrashing his head over the wall.

(3.) According to the prosecution case, deceased Teraslal had an affair with Rajeshwari Bai, wife of accused No.1 Ram Kumar @ Ram Ratre. In the evening of 26.12.2011, deceased Teraslal had gone to attend the function in connection with Guru Ghasidas Jayanti at village Kureli along with Mahendra Sahu (PW-1) and (PW-14) Amin Khan. Near the village pond (Nala), the accused persons assaulted deceased Teraslal by lathi and club. Amin Khan fled from the spot to save his life. Injured Teraslal was taken to village Bade Medpar on the motorcycle of Mahendra Sahu. Accused Ram Kumar jumped out of the motorcycle due to which injured Teraslal and Mahendra Sahu fell down. Mahendra Sahu fled and hid himself in the agricultural field, after which the accused persons took Teraslal to the kitchen shed of the middle school and thrashed his head over the wall and fled therefrom leaving Teraslal at the middle school. On the next day Teraslal died on his way to the hospital. CRA No. 974 of 2013