L.C.Bhadoo, J. - (1.) THESE 19 accused/Appellants faced trial before the Court of 3rd Additional Sessions Judge, Bastar at Jagdalpur, S.T. No. 64/98, for commission of offence punishable under Sections 148, 302 read with Section 149 and 307 read with Section 149 of the IPC for committing riot with deadly weapons, causing death of Smt. Gajmati, Smt. Lakhmi and Ms. Daimati and attempting to cause death of Phooldeyi. Learned Additional Sessions Judge after conclusion of the trial convicted all the 19 accused/Appellants vide judgment dated 7-9-99 for the aforesaid offences and sentenced each of the accused/Appellants to undergo R.I. for 3 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for one year under Section 148 of the IPC, to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for one year under Section 302 read with Section 149 of the IPC and to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for one year under Section 307 read with Section 149 of the I.P.C.
(2.) BY this appeal, accused/Appellants have questioned legality and correctness of their conviction and sentences imposed upon them. The prosecution case, in brief, is that Loodari Bai (P.W. 3) lodged a report on 19-11-97 at 7.15 p.m. in the evening in the Police Station Kondagaon to the effect that she is residing along with her husband and family members in village Sonabal. Today, after taking lunch her mother-in-law, sister-in-law Lakhmi, Phooldeyi and Gajmati had gone to Bhurkawahi agricultural field Khar. They were digging in their 2 acres land. At about 4 p.m. accused Sampat, who is brother-in-law (Jeth) of Loodari (P.W. 3) and other accused persons with a common object came crying carrying axe, knife, one Kodki in their hands. Kame was carrying axe and in one hand he was carrying knife. Accused Ugresh, Upendra, Deva and Sampat were carrying axe. Accused Sampat was also carrying one wood in his hand. Accused Pooran was carrying Kodki. Accused Ranjan, Jalo, Naval and Chatur were empty hand. Accused Kame attacked her mother-in-law Daimati with axe on her neck. Accused Ugresh attacked Gajmati with axe on her neck. Accused Sampat assaulted Lakhmi. Accused Pooran assaulted Phooldeyi on her head and neck. Accused Ranjan, Deva and Naval were catching them. Accused Upendra and Chatur ran after her to catch her, somehow she was able to escape and entered the house of Jhitku Muriya. Attack was witnessed by Indro Kalar and Jaisingh Muriya, thereafter the accused persons left. She saw that Lakhmi, Gajmati and Daimati had succumbed to the injuries. Phooldeyi was lying in injured condition. She was writhing in pain. Husband of the applicant and villagers had taken Phooldeyi to the hospital. The accused persons have attacked ladies on account of land dispute.
(3.) RECEIVING this report, Station House Officer, Police Station registered offence under Sections 147, 148, 307 and 302/149 of the IPC under Ex. P/21. The IO left for scene of occurrence and prepared inquest Ex. P/22 on the body of Daimati, Ex. P/23 on the body of Lakhmi and Ex. P/24 on the body of Gajmati. The body of Gajmati was sent for postmortem examination to the Primary Health Centre, Kondagaon under Ex. P/3 where Dr. Anita Agrawal and Dr. Rajendra Singh Doonger conducted postmortem, prepared postmortem report Ex. P/4. They opined that cause of death was neurogenic shock (brain death) due to injuries of spinal cord at C-6 and C-7 level. Death was homicidal in nature. Doctors noticed one incised wound over neck on the right side in the size of 8 cm x 4 cm x 10 cm and multiple abrasions all around the body. Dr. Doonger prepared injury report Ex. P/2 also. The body of Lakhmi was sent for postmortem examination to the Primary Health Centre, Kondagaon under Ex. P/7 where Dr. Anita Agrawal and Dr. Rajendra Singh Doonger conducted the postmortem. They prepared postmortem report Ex. P/8. They opined that cause of death was shock due to excessive haemorrhage because of cutting of blood vessels of right side of neck and cutting of trachea and oesophagus. Death was homicidal in nature. The body of Daimati was also sent for postmortem examination to the Primary Health Centre, Kondagaon under Ex. P/11 where Dr. Anita Agrawal and Dr. Rajendra Singh Doonger conducted the postmortem. They opined that cause of death was shock due to excessive haemorrhage because of rupture of all the major blood vessels of neck and due to cut through trachea. Death was homicidal in nature. Dr. Doonger while examining injuries found 3 incised wounds on the neck and scapular region. Injuries of Phooldeyi were examined by Dr. S.K. Kanwar (P.W. 8). He prepared injury report Ex. P/40. He noticed as many as 7 injuries; 4 incised wounds over neck, left temporal region, right side of face and parietal region. Mandible and parietal bones were fractured. Movement of neck was restricted. There was swelling on the neck. He opined that all the injuries were caused by sharp edged weapon. Injury No. 2 was simple in nature. He advised for X-ray and stated that injuries were grievous in nature and dangerous to life.;