T. TEJASVANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 23rd of April, 2012 passed in Sessions Trial No. 49/2008 by the Sessions Judge, Korba, District Korba (C.G.). By the impugned judgment, the appellants have been convicted and sentenced in following manner, with a direction to run the sentences concurrently: -

(2.) THE facts, briefly stated, are as under: -

(3.) THE incident took place in between 1 -1.30 p.m. to 3.45 p.m. On the date of incident, Rohit (PW -2), son of the deceased, had gone to the school. He was student of 9th standard. He came from school at about 12.45 ­ 1.00 p.m. When he knocked the door, one young boy (one of the assailants) opened the door. His face was covered by handkerchief. According to the Rohit (PW -2), he could not identify him. He was taken to the bed -room, where he saw a girl (other assailant) who had also covered her face by handkerchief. In bed - room his mother (deceased) was sitting on a chair. Her hands and legs were tied and tape was affixed on the mouth. Eyes were also closed by patti. Thereafter he (PW -2) was also tied with a chair. According to him, assailants had closed his mouth by a tape and a patti was tied over his eyes. Thus, he was unable to see anyone. Rohit (PW -2) in the second Para of his examination -in -chief has clearly deposed that he had not seen the faces of the assailants at that time. According to him, thereafter the assailants were asking for keys of almirah and they were demanding jewelry etc. from his mother. They were also threatening his mother. Then the assailants took out the jewelry and money from the almirah. The money was counted by the girl who said that it was 4,000/ -. The assailants were asking about more money from his mother. The assailants then got the locker opened and they took out the paper relating to a joint account from the locker. Rohit (PW -2) very specifically mentioned in Para -3 that the boy wanted to keep the jewelry, but the girl was saying not to keep them. However he could not see as to whether the jewelry was kept by the girl or not. According to Rohit (PW -2), he could see all these activities from the lower side of the patti when he kept his head upward. Rohit (PW -2) then witnessed that his mother (deceased) was assaulted by knife by the assailants. In Para -