Decided on February 27,2008



- (1.)BY this appeal under Section 374 (2) of the Cr. P. C. the accused/ appellants have questioned legality and correctness of the judgment of conviction and order of sentence dated 25th August, 2003 passed by the Special Judge, Scheduled castes and Scheduled Tribes (Prevention of atrocities) Act, 1989, in Special Sessions trial No. 118/2001 whereby and whereunder learned Special Judge after holding the accused/appellants guilty under Sections 302 read with Section 34 and 302 read with section 34 of the I. P. C. for committing the murders of Chuttan and his wife Laxmin bai, sentenced each of the accused to undergo imprisonment for life and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo S. I. for 2 months for each murder; also convicted the accused/appellants for commission of offence under Section 324 read with Section 34 of the I. P. C. for causing simple injuries by sharp edged weapon to Meghnath and Bhola and sentenced each of the accused for each offence to undergo s. I. for 6 months and also convicted the accused/appellants under Section 323 read with Section 34 of the I. P. C. for causing simple injuries to Manoj and sentenced each of the accused to undergo S. I. for one month. It was further directed that all the sentences shall run concurrently. However, learned special Judge acquitted co-accused rajkumar and Smt. Chameli Bai.
(2.)THE case of the prosecution, in brief, is that in the afternoon of 3-6-2001 Meghnath and Bhola were beaten by Diwakar, Mahant and Chameli Bai, they were persuaded by others, therefore, they left the place. However, in the night in between 9-10 p. m. 5 accused persons namely, Rajkumar, mahant, Smt. Chameli Bai, Diwakar and mallu formed an unlawful assembly with an object to attack Meghnath. In furtherance of common object of the assembly, they assembled near, Peepal tree and attacked meghnath with barber's knife, lathi, sword and abused him in filthy language. At that time, Chuttan, Laxmin Bai and Manoj came there. When Chuttan and Laxmin Bai were going to lodge a report of the incident in the police Station, the accused persons attacked them, as a result of which they died on the spot, on which the matter was reported by bhola in the Police Station Sarkanda under Ex. P/28.
(3.)RECEIVING the said report, Police registered the crime under Sections 294, 307, 147, 148 and 149 of the I. P. C. The investigating officer left for the scene of occurrence, after giving notices Ex. P/18, Ex. P/19, Ex. P/20 and Ex. P/21. to the Panchas prepared inquest Ex. P/22 on the body of Chuttan and ex. P/23 on the body of Laxmin Bai. Clothes of deceased Chuttan were seized under Ex. P/24. Plain soil and blood stained soil was seized under Ex. P/3 from the place of occurrence. Clothes of deceased Laxmin Bai were seized under Ex. P/25. The body of chuttan was sent for post-mortem examination to Dharam Hospital, Bilaspur under ex. P/8 where Dr. A. K. Shukla (PW-13 conducted post-mortem on the body of Chuttan. He opined that there were 6 incised wounds on the body of Chuttan. Parieto occipital bone and occipital bone was found fractured. The cause of death was coma, as a result of head injury No. 6. Injury was ante mortem in nature. Death was homicidal. The body of Laxmin Bai, wife of Chuttan, was also sent for post-mortem examination to dharam Hospital under Ex. P/10 where Dr. Shukla (PW-13) conducted the post-mortem on the body of Laxmin Bai. He found that there were one incised wound and one lacerated wound on the face and near left ear and occipital region. There was extensive sub-dural haematoma on occipital region. There was fracture of occipital bone. He opined that cause of death was head injury. Death was homicidal in nature.

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