DASHRATH Vs. STATE OF C G
LAWS(CHH)-2008-1-21
HIGH COURT OF CHHATTISGARH
Decided on January 29,2008

DASHRATH Appellant
VERSUS
State Of C G Respondents




JUDGEMENT

SUNIL KUMAR SINHA,J. - (1.)THIS appeal is directed against the judgment of conviction and order of sentence dated 16.12.2002 passed by the II Addl. Sessions Judge (F.T.C), Mungeli, Distt. Bilaspur, in Sessions Trial No.317/2001, whereby the appellants have been convicted for the offence punishable u/ss 148, 341/149 & 302/149 of I.P.C. and sentenced to undergo R.I. for 3 years and to pay a fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 2 months; Simple Imprisonment for 1 month & imprisonment for life and to pay a fine of Rs.3000/-, in default of payment of fine to further undergo R.I. for 2 years with a direction to run the sentences concurrently.
(2.)THE brief facts are that villages Nathelapara, Dadipara and Daukampa are situated adjacently. Ram Singh (since deceased) was the resident of village Daukampa and the accused persons are the residents of village Nathelapara. On 23.6.2001 at about 4 p.m., Ram Singh and his wife Bajrhin Bai (P.W.I) were going to village Dadipara for collecting grain seeds. Village Nathelapara is situated on the way to village Dadipara. When they reached near Jait Kambh of village Nathelapara, the accused persons, who were armed with lathi, stopped them on the way and started abusing them. They attacked over Ram Singh by lathis. Ram Singh fell down on the spot. On hue and cry, many persons gathered there. Bajrhin Bai P.W. 1 immediately rushed to Sarpanch and Kotwar Ganpat Das. She narrated the story to them. She was taken to Police Station by the Kotwar and the First Information Report (Ex.P.2) was lodged at about 9 p.m., on the same day, on which, the investigation commenced. The Station House Officer lodged a Merg intimation (Ex.P.1) and another Merg was lodged under Ex.R24 on 24.6.2001. After giving notice to Panchas (Ex.P.3), inquest on the body of deceased was prepared under Ex.P.4, plain soil and blood stained soil along with a plastic shoe of the deceased were seized under Ex.P.5. The site plan was prepared by Station House Officer under Ex.P.6 and another site plan was also prepared by village Patwari under Ex.P.23. After taking the accused appellants in custody, their memorandum statements were recorded under Ex.P-7, P-9, P-11, P-13, P-15, P-17 and P-19, in pursuance of which, lathis were seized from the possession of the accused appellants except appellant no.8 Samaru. The dead body of the deceased was sent for postmortem examination, which was conducted by Dr. VP. Jaiswal (P.W.13) who prepared the postmortem report (Ex.P.32). He noticed the following injuries on the body of deceased :
(i) A contusion in size of 15cm x 3cm on the right side of the chest. (ii) A contusion in size of 20cm x 3cm just 2cms below injury no. 1. (iii) A contusion in size of 5cm x 3cm on the right fore arm. (iv) An incised wound in size of 1cm x 1/2cm x 1cm on the upper outer part of right elbow. (v) A contusion in size of 6cm x 3cm on the outer side of left arm. (vi) An incised wound in size of 1cm x 1/2cm x 1/2cm on the left elbow. (vii) The right fore arm had curved at the wrist. (viii) Left fore arm had also curved at the wrist. Sound of crack of bone was coming while pressing injury nos.7 and 8. (ix) An incised wound in size of 1cm x 1/2cm x 1cm on the distil region of the left leg. (x) A contusion in size of 10cm x 3cm on the right scapular region. (xi) A contusion in size of 8cm x 3cm on the right supra scapular region. (xii) A contusion in size of 7cm x 3cm on the lower part of right scapular region. (xiii) Several contusions of different sizes were found on the right thigh. (xiv) A contusion in size of 8cm x 3cm on the back portion of left thigh. (xv) Two contusions of different sizes were found on the back side of the left leg. (xvi) A contusion in size of 5cm x 2cm on the back side of the right leg. (xvii) Two contusions in size of 15cm x 3cm and 14cm x 3cm on the lower portion of lumbar region. (xviii) One lacerated wound in size of 5cm x 2cm x 1 cm on the head just 5 cms above the left ear. On internal examination, he found fracture of right radius and ulna bone. There was also a fracture of left ulna bone. On dissection of head, he noticed a fracture of skull bone beneath the injury no. 18. clotted blood was present in the brain. There was a fracture of 5th left rib and there was also a contusion admeasuring 7cm x 6cm x 6cm in the right lung. He gave his opinion that all the injuries were antemortem in nature. The incised wound was caused by sharp edged weapon whereas other injuries were caused by hard and rough object. The cause of death was shock due to injuries on brain and lungs.

On 23.6.2001 accused Samaru had also lodged a First Information Report (Ex.P.29-A) against Ram Singh (since deceased), which was reduced into writing by Station House Officer K.P.S. Paikra and victims Samaru, Shyam Singh @ Batwa and Dashrath (all accused persons in this case), who had sustained injuries were sent for their medical examination and their medical reports (Ex.P/ 28, P/26 and P/30) were collected. Since Ram Singh had died, further investigation in the matter of the said F.I.R. (Ex.P.29-A) was dropped, however these documents were collected as evidence.

(3.)AFTER completion of usual investigation, the charge-sheet was filed in the Court of Judicial Magistrate First Class, Mungeli, who in turn committed the case to the Court of Sessions Judge, Bilaspur, from where, it was received on transfer by the Second Additional Sessions Judge (F.T.C.), Mungeli, who conducted the trial and convicted and sentenced the accused/appellants as aforementioned.
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