Pritinker Diwaker, J. - (1.)This appeal has been filed against the judgment of conviction and order of sentence dated 02.09.2011 passed by Additional Sessions Judge Mahasamund in Sessions Trial No. 22/2011 convicting the accused/appellants under Section 302/34 IPC and sentencing each of them to undergo imprisonment for life and pay fine of Rs. 1000/-, plus default stipulation.
(2.)Case of the prosecution in short is that on 31.12010 at about 3 PM when deceased Purshottam Lal was returning home on motorcycle along with Baleshwar (PW-2) and by the time he reached near the house of the accused/appellants herein who are the father and son, they apprehended him and caused several club injuries on his head on account of some old rivalary, as a result of which he fell down on the road. Incident was witnessed by the son of the deceased Tejram (PW-1) who at the relevant time was standing in front of his house. Incident was also witnessed by Baleshwar (PW-2) who was in the company of Purshottam, Premlal (PW-3) and Bhagat Ram (PW-8). As per FIR (Ex.P-2), Shankar Dhruv (PW-11) is also said said to have seen the incident. After being taken to hospital, Purshottam Lal ws declared to be brought dead. Prompt merg intimation Ex.P-1 was recorded on the same day at 3.50 PM where also it is specifically mentioned that it is the accused/appellants who caused injuries to the deceased. Thereafter at 4 PM, FIR (Ex.P-2) was registered at the instance of Tejram (PW-1) against both the accused/appellants for the offence punishable under Section 302/34 IPC. After drawing inquest Ex. P-3, the dead-body was sent for postmortem examination which was conducted by Dr. Sanjay Dave (PW-10) who gave his report Ex. P-17. On 1.11.2011 memorandums of accused/appellants Chaitu alias Chaitram and Hemlal vide Ex. P-7 and P-8 respectively were recorded, based on which seizure of plain as well as blood stained soil, clubs was made under Ex. P-9, P-10 and P-11. Further, on the memorandum (Ex.P-8) of accused Hemlal, one full pant and woolen sweator were also seized under Ex. P-12 and on the memorandum of accused Hemlal Bandhe, clothes of accused Chaitu alias Chaitram having blood like stains on it were seized under Ex. P-13. FSL report marked as "C-1" shows the presence of blood on the club and the full pant so seized. However, serological report is not on record to prove that it was the human blood and that too of the blood group of the deceased. After completion of investigation, police filed the challan against the accused/appellants u/s 302/34 IPC followed by framing of charge accordingly by the Court below.
(3.)In order to prove the complicity of the accused/appellants in the crime in question, the prosecution has examined 12 witnesses. Statements of the accused/appellants under Section 313 Cr.P.C. were also recorded in which they denied their guilt and pleaded innocence and false implication in the case.