Accused Daulatram and Nepal started abusing in the name of the mother.
They attacked his father with axe whereas accused Damodar was after him carrying sickle in his hand.
Statements of accused persons were recorded under Section 313 Cr.
P/7 for companymission of offence under Section 302, 307/34 of the IPC and Section 3 2 of the SC ST Act.
After reaching the village, he informed his sister Rohnibai and Parshuram.
P/11 on the body of the deceased.
P.C. in which they denied material appearing against them in the prosecution evidence and stated that they are innocent and have been falsely implicated in the crime.
The companyviction and sentence were challenged before the High Court by both the present appellant and the accused, Nepal.
Site plan Ex.
P/4 given by Daulat Ram, axe was recovered from him under Ex.
Receiving this report, Station House Officer, Dinesh Sharma PW 9 registered FIR Ex.
He ran towards the village.
P/8 was also given by Bholaram.
Based on the memorandum Ex.
The dead body of the deceased was sent for post mortem examination under Ex.
He opined that cause of death was haemorrhagic shock due to head injury and it was homicidal in nature.
The prosecution in order to establish the charge against the accused persons examined 13 witnesses.
P/14 to the Primary Health Centre, Basna, where Dr. H.L. Jangde PW 7 companyducted postmortem report Ex.
P/10 to the Panchas, prepared inquest Ex.
Intimation Ex.
They examined one defence witness, namely, Vikram.
Prosecution version, in a nutshell, is as follows On 20.8.2000 at about 6 p.m. Bholaram PW 3 lodged a report in the Police Station Basna before Station House Officer K. Sharma PW 9 to the effect that today at about 3 p.m. when he along with his father was digging groundnuts in their agricultural field, the accused Daulatram and Nepal entered their agricultural field carrying axe in their hands.
Based on the memorandum Ex.
After companypletion of the investigation, charge sheet was filed against accused in the companyrt of Judicial Magistrate, 1st Class, Mahasamund, who in turn companymitted the case to the Sessions Judge, Raipur, from where learned Special Judge received the case on transfer for trial.
P/5 given by Nepal, axe was recovered under Ex.
The Investigating Officer left the scene of occurrence, after giving numberice Ex.
Based on the memorandum Ex.
Challenge in this appeal is to the judgment of the Division Bench of the Chattisgarh High Court, dismissing the appeal filed by the appellant.
P/9 was prepared.
On the way, Sahdev Teli met him.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in the appeal was to the judgment of the learned Special Judge, Raipur, in S.T. No.53/2000 who found the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 in short IPC and Section 3 2 v of the Schedule Castes and Schedule Tribes Atrocities Act, 1989 in short the Atrocities Act Life sentence was imposed in respect of the offence 302 IPC, however, numberseparate sentence was imposed for the offence relatable to Section 3 2 v of the Atrocities Act.
P/6 given by accused Damodar, sickle was seized under Ex.
Thereafter, he along with Parshuram went to the village Devri and informed his uncle Dhoop Singh.
Learned Special Jude after companysidering materials placed by respective parties, companyvicted and sentenced the accused appellants as aforesaid.
Damodar was also there.
