SANJAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 7.8.2012 passed by Additional Sessions Judge, Sakti, Distt. Janjgir-Champa (CG) in ST No.137/2011 whereby each of the appellants stands convicted under Section 302/34 of IPC and sentenced to undergo life imprisonment plus fine of Rs.10,000/- with default sentence of six months' additional R.I.

(2.) Undisputed facts in this case are that at the time of incident marriage ceremony was going on in the house of Krishno Bhardwaj (PW-11) at the village of Chhatturam (since deceased) and the accused persons. On the date of incident i.e. 13.5.2011 at about 7-8 pm music was being played in the courtyard of Krishno Bhardwaj. At that time there was scuffle between Chhatturam and accused/appellant No.2 Vikas, upon which Chhatturam assaulted accused Vikas with club on his left hand. It is also an admitted fact that on 13.5.2011 itself Chhatturam died in the night.

(3.) As per the prosecution case, on the date of incident i.e. 13.5.2011 at around 7-8 pm the villagers were dancing in the courtyard of Krishno Satnami (PW-11) and while dancing, hand of accused Vikas got touched with Dhaniram (PW-9), on which Vikas (accused No.1) and his brother Vivek @ Vikki (accused No.3) started quarreling with Dhaniram (PW-9) which was intervened by Chhatturam. Thereafter, accused Vikas grappled with Chhatturam, who were separated by Maniram, Saukhilal, Shriram, Motilal etc. It is said that during quarrel between accused Vikas and Chhatturam, assault was made by Chhatturam with a club on left hand of Vikas as a result of which accused No.2 Vikas suffered injuries as mentioned in his MLC Ex.P/21 prepared by PW-15 Dr. SL Nirala. The above fact is also admitted by accused Vikas in reply to Question Nos.94 to 96 in his statement under Section 313 of CrPC. After this incident Chhatturam left the house of Krishno Satnami (PW-11) and returned to his house. Chhatturam was sitting in his courtyard on the cot, at about 8.30 pm he asked his wife Sendurbai (PW-1) to serve him meal and at that time, accused No.2 Vikas with Basula (adze) in his hand, accused No.1 Sanjay with club and accused No.3 Vivek empty handed, reached there. Accused No.3 Vivek having caught Chhatturam fell him down from the cot on the floor, accused No.1 Sanjay with club and accused No.3 Vivek with hands and fists assaulted Chhatturam. Accused No.2 Vikas assaulted Chhatturam with Basula on the back of his neck and near his waist. When wife of Chhatturam namely PW-1 Sendurbai and his daughter Savita (PW-2) intervened to save Chhatturam, the accused persons pushed them away and after assaulting Chhatturam fled from there. During the incident, on hue and cry being raised by PW-1 Sendurbai, her neighbours Shriram Bhardwaj, Maniram, Saukhilal etc. came there and they also saw the accused persons running away from the house of Chhatturam. Immediately after the incident, Chhatturam was taken to hospital at Hasaud where the doctors after examination declared him dead.