ANAND RAM JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellants-accused herein is directed against the impugned judgment of conviction and order of sentence dtd. 4/7/2016 passed by the Sessions Judge, Janjgir Champa, Chhattisgarh in Sessions Trial No.187/2015, by which, the 2 appellants herein have been convicted for the offence punishable under Sec. 302 read with Sec. 34 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.1,000.00each; in default of payment of fine to further undergo additional rigorous imprisonment for three months.

(2.) Case of the prosecution, in short, is that on 22/7/2015 at about 4.00 pm, in village Kikirda, Police Station Birra, District Janjgir Champa, the 2 appellants, in furtherance of their common intention, assaulted Ramprakash (since deceased) with bamboo stick and wooden stick (blunt side of axe), by which, he received grievous injuries and died in the hospital during the course of treatment; thereby committed the offence of murder punishable under Sec. 302 read with Sec. 34 of the IPC.

(3.) Appellant No.1 and PW-4, Manaram are real brothers. Deceased- Ramprakash is son of Manaram (PW-4) and appellant No.2 is son of appellant No.1. As per Manaram (PW-4), the agricultural land has already been partitioned between them by their father and prior to the date of offence, some quarrel took place between PW-4 and appellant No.1. It is the further case of prosecution that on the date of offence, at about 4/4/30 pm, deceased-Ramprakash came to the shop of Annu Kumar Jaiswal (PW-1), named as 'Shringar Sadan' and was eating some mixture (eatable), then the 2 appellants came there and assaulted the deceased by bamboo stick and wooden stick (blunt side of axe), by which, he suffered grievous injuries on head. Thereafter, the deceased was taken to District Hospital, Janjgir, where he died during the course of treatment at about 9.00 pm. Panchanama was conducted vide Ex.P-8 and merg intimation was registered vide Ex.P-15. F.I.R. was lodged vide Ex.P-22. The dead body was subjected to postmortem, which was conducted by Dr. Vijay Shrivastava (PW-9), who opined that the cause of death was shock and hemorrhage as a result of head injury and its complication and the death was homicidal in nature. Postmortem report is Ex.P-18. Pursuant to the memorandum statements of the appellants/accused vide Exs. P-12 and P-13, one bamboo stick and one wooden stick (blunt side of axe) were seized vide Exs.P-11 and Ex. P-14, respectively. Sample of plain floor cement and blood stained floor cement were taken vide Ex.P-10. The seized articles were sent for chemical examination to the Forensic Science Laboratory, Raipur. Blood stains were found on the bamboo stick, seized from appellant No.1- Anand Ram, but on the other articles, no blood stains were found as per the FSL report and it is of no use to the prosecution.