P.DIWAKER,J - (1.) This appeal arises out of the judgment of conviction and order of sentence dated 6.8.2007 passed by the 12 th Additional Sessions Judge (Fast Track Court), Durg in S.T. No.30/1985 convicting the accused/appellants under Sections 147, 304 (1) read with Section 149 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo R.I. for 1 year and R.I. for 7 years and fine of Rs.1,000/-, with usual default clauses, respectively. Accused/appellants No.1, 2, 5 and 8 have also been convicted under Section 323 of IPC and sentenced to undergo RI for 6 months.
(2.) As per case of the prosecution, there were two groups in the village, one belonging to accused/appellant i.e. Satnami Group, and the other by deceased Narisingh i.e. Hindu Group. On 7.10.1984 at about 3.30 p.m. Krishna Kumar, Samaylal, Ghanshyam, Sarju had been passing from in front of the house of accused/appellant No.1 while going to their field for cutting the grass, accused/appellant No.1 asked them as to why they laughed and abused on seeing them. They responded that they are not laughing on him. At the same time, Narsingh (deceased), who was going towards his field, asked accused/appellant No.1 as to why he is abusing the boys. On this accused/appellant asked Narsingh as to why he is interfering in the matter and gave a lathi blow on his head. When Sarju, son of Narsingh, came to rescue of his father, he too was assaulted by accuse/appellant No.1 by lathi. On hearing commotion, members of both the parties rushed to the spot armed with various weapons and thereafter a free fight between the members of the both the groups had taken place in which members of both the parties sustained injuries on various parts of the body. On accounts of assaults, Narsingh and Sarju fell down and thereafter the accused persons went inside the house of accused/appellant No.1. Injured persons were taken to the hospital for treatment. Injured Narsingh was medically examined by the doctor (PW-9) vide Ex.P-5 on 8.10.1984. Injured accused/appellants No.1, 2, 3, 4 have also been medically examined. Report of the incident was lodged by village Kotwar (PW-12) which was entered into the roznamcha sanha. Krishna Kumar (PW-1) also lodged report of the incident on 7.10.1984 itself based on which Dehati Nalishi (Ex.P-1) was recorded at Police Station Nandini Nagar and later on, FIR (Ex.P-1A) was registered on 8.10.1984 at 1.30 p.m. for the offence punishable under Sections 147, 148 and 307 IPC against the appellants. On 16.10.1984 injured Narsingh succumbed to the injuries during the course of treatment. Merg Intimation (Ex.P-14) was recorded. Inquest was conducted vide Ex.P-33 on 16.10.1984. Body was sent for post-examination which was conducted by Dr. D.L. Tamrakar (PW-7) vide Ex.P-4 and he noticed following injuries;- ? Semi circular stitched wound (9 stitches) over right tempo parietal region, similar in size 7 1/2". ? Stitched wound over occipital region (10 stitches) ? temporal parietal region; 2 1/2" x 1 1/2" bone piece was missing. ? Membrane congested, brain congested. As per post mortem report Ex.P-3, the cause of death was coma due to head injury and duration of death was about 24 hours prior to the post- mortem examination. Statements of the witnesses under Section 161 CrPC were recorded.
(3.) After filing of charge sheet, the Court below framed the charges under Sections 147, 148, 149, 323, 307 and 302 IPC against the accused/ appellants. The prosecution in order to bring home the charges levelled against accused/appellants had examined 21 witnesses in all. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence and false implication. One defence witness namely Dr. D.K. Thakur had been examined.;