BANDHURAM KANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the judgment of conviction and order of sentence dtd. 20/12/2021 passed by the learned Special Judge under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Korba in Sessions Trial No.27/2018, whereby the learned Sessions Judge has convicted and sentenced the appellants in the following manner with a direction to run all the sentences concurrently. <FRM>JUDGEMENT_15_LAWS(CHH)4_2024_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 4/12/2017 one Kumari Pramila Rathiya lodged a report (Dehati Nalsi) Ex.P/1, as per which her cousin brother Bablu @ Bahattar Rathiya lived in village Gahniya with his wife in their in-laws house. It is stated that in the morning at about 4 am she was informed that her brother and sister-in-law along with one neighbor Aghni Bai were sleeping in the house then some unknown persons entered into house and assaulted them. It is further stated that all the injured were taken to hospital where the brother Bablu died due to grievous injuries on head and Bablu's wife Ram Kumari and neighbor Aghni Bai were also assaulted over their head with stick or rod with intention to cause kill them, who are admitted in the District Hospital, Korba. Bablu's death was also due to causing serious injury by hitting with a stick or rod with the intention of killing. On the basis of Dehati Nalsi (Ex.P-1), Dehati Merg Intimation was recorded vide Ex.P-2, on the basis of which, Merg Intimation was record vide Ex.P-38 and thereafter First Information Report bearing Crime No. 312/2017 was registered under Ss. 458, 302, 307 of the IPC against unknown persons vide Ex.P-39.

(3.) Medical examination of the victims Ram Kumari and Aghani Bai was done. After summoning the witnesses vide Ex.P-5, inquest over the dead body of the deceased was prepared and postmorterm of the body of the deceased was conducted by Dr.R.P.S. Paikra (PW-14) and postmortem report was given vide Ex.P-7, who found following injuries over the dead body of the deceased :