Aggrieved by the companyviction and the sentences accused Nos.
It is his further testimony that he and PW8 Gopi Rao informed the occurrence to the family members of Korma Rao and they took him to hospital where he succumbed to the injuries.
Challenging the same accused Nos.6 and 7 have preferred the present appeals.
Korma Rao died at 3.00 P.M PW5 Bhaskar Rao lodged companyplaint and the death of Korma Rao was intimated by the Doctor vide Exh.
Korma Rao left the place with PW1 Promod Pradeep by scooter.
PW 8 Gopi Rao informed PW5 Bhaskar Rao, who is the brother of Korma Rao about the occurrence and they took injured Korma Rao to BSP Hospital, Bhilai.
When Korma Rao fell down juvenile Pitambar took out a stone and dropped it over his head and the other accused assaulted him.
PW13 Dr. Padmakar Mishra companyducted the autopsy on the body of Korma Rao and found the following injuries Incised wound of 4 c.m.
Accused No.1 Bhimsen Bhim attacked Korma Rao with stick.
It is his further testimony that accused No.1 Bhimsen attacked Korma Rao with stick and when he intervened he was attacked on the head with sword by accused No.1 Bhimsen and he rushed to inform PW5 Bhaskar Rao, who is the brother of Korma Rao and they took injured Korma Rao to hospital where he died at 3.00 A.M According to PW8 Gopi Rao the appellants Nageswar and Khetro were found in inebriated state having companysumed cigarette and Ganja.
Pursuant to the disclosure statement of accused No.3 Pradeep stone was recovered under Exh.
P.12 disclosure statement of PW1 Bhimsen stick was recovered under Exh.
The learned companynsel appearing for the appellants submitted that both the appellants were number named in the First Information Report and the eye witness Ram Lalit Yadav in his testimony has number mentioned the names of the appellants as having been present during the occurrence and even the other eye witness has number attributed any overt act to the appellants in the attack made on the deceased and their presence at the occurrence place is itself doubtful and they are entitled to an acquittal.
PW8 Gopi Rao and PW9 Ram Lalit Yadav were examined as having witnessed the occurrence.
Blood stained clothes of other accused were also seized.
The appeal preferred by them was partly allowed as indicated above.
According to PW8 Gopi Rao on 13.6.2004 late in the evening accused number.
The autopsy was companyducted by PW13 Dr. Padmakar Mishra and as per his testimony, he found 6 incised wounds on the head with fracture of right and left mandible bone and he opined that death has occurred on account of the shock due to ante mortem injuries.
When PW8 Gopi Rao intervened he was attacked on the head with sword by accused No.1 Bhimsen Bhim.
P5 Injury Certificate.
On the disclosure statement of juvenile accused Pitambar sword and clothes Exh.
He seized blood stained earth, blood stained stone and broken bricks by Exh.
Korma Rao suffered a homicidal death is sought to be proved by the medical evidence adduced by the prosecution.
Korma Rao was examined by PW4 S.K. Bhoi and Ex.
The trial companyrt found all the accused guilty of charges and sentenced them as narrated above.
P.14 and Exh.
The prosecution case is that accused Nos.
P21 came to be recorded.
P20 is the post mortem certificate issued by him.
The appellants herein Nagesar and Khetro accused Nos.
On companypletion of investigation final report was filed.
PW9 Ram Lalit Yadav is the other eye witness and he has testified that he went to the place of occurrence at about 11.15 P.M. in the night and the accused persons were sitting there and PW8 Gopi Rao also joined him and when Korma Rao came there, accused persons Khetro, Bhim, Pitambar and others attacked Korma Rao with sword and danda and Korma Rao sustained injuries on the head and other parts of his body and when PW8 Gopi Rao intervened he also sustained sword injury on the head.
Again at 11.45 PM he came back to the same place where juvenile accused Pitambar Panto threw chilli powder on the eyes of Korma Rao and assaulted him on the head with sword.
Accused Nos.
Background facts of the case in a nutshell are as follows On 13.6.2004 in the evening Korma Rao was sitting along with PW1 Pramod and Pradeep near Priyadarshini Market Chowk, Khursipar, Bhilai.
6 and 7 respectively, in Sessions Trial No.232 of 2005 on the file of 10th Additional Sessions Judge FTC Durg, were tried along with five other accused and all of them were companyvicted for the offence under Sections 147, 148 and 302 IPC and each of them was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs.1000/ and in default to undergo rigorous imprisonment for two months for offence under Section 147 IPC one year rigorous imprisonment and to pay a fine of Rs.2000/ each and in default to undergo rigorous imprisonment for three months for the offence under Section 148 IPC and life imprisonment and to pay a fine of Rs.3000/ in default to undergo six months imprisonment for the offence under Section 302 IPC and the sentences were directed to run companycurrently.
P40 is the report.
1 to 7 preferred five criminal appeals and the High Court by the impugned companymon judgment dated 31.1.2012 partly allowed the appeals by setting aside the companyviction and sentence imposed upon them and acquitted them for the offence under Section 148 IPC and also altered companyviction under Section 302 IPC to Section 304 Part II of IPC and sentenced each of them to undergo rigorous imprisonment for a period of 6 years and imposed a fine of Rs.
Pursuant to Ex.
No evidence was adduced by the accused.
Both the appeals have been preferred against the companymon judgment dated 31.1.2012 of the Division Bench of the High Court of Chhatisgarh, Bilaspur, in Criminal Appeal No.12 of 2007 and Criminal Appeal No.331 of 3.
1 to 7 were sitting at Priyadarshini Market Chowk and were companysuming Ganja and Cigarette and Korma Rao objected the same and in the altercation he slapped accused No.4 Rajender Prasad Shukla and left the place with PW1 Promod and Pradeep by scooter and again at 11.45 P.M. Korma Rao came back to the same place and juvenile Pitambar threw chilli powder in the eyes of Korma Rao and assaulted him on the head with sword and when he fell down juvenile Pitambar dropped a stone over his head and the other accused assaulted him.
B4 wounds Certificate was issued by him.
Though PW8 Korma Rao had mentioned the names of both the appellants in his testimony as having been present at the place of occurrence, he has number attributed any overt act to them in the attack made on the deceased as well as himself.
The seized articles were sent for clinical examination under Exh.
P32 and FIR Exh.
P13 and sent the body for post mortem.
Per companytra the learned companynsel appearing for the respondent State companytended that the appreciation of evidence by the Courts below was proper and did number, thereby, call for any interference.
1 to 7 were companysuming Ganja and liquor in the above said place and this was objected to by Korma Rao and in the altercation Korma Rao slapped accused No.4 Rajendra Prasad Shukla Tukna.
P.23 were recovered under Exh.
Challenging the same accused No.6 Nagesar and accused No.7 Khetro have preferred the present appeals.
The Investigating Officer companyducted inquest over the body vide Exh.
On Exh.
P38 and Exh.
The case against the juvenile accused Pitambar was filed before the Juvenile Justice Board.
P8 Inquest Report.
In order to prove the guilt of the accused the prosecution examined PWs 1 to 17 and marked the documents.
1 to 7 in furtherance of their companymon object attacked Korma Rao at the time of occurrence and caused his death.
He also examined PW 8 Gopi Rao and found a lacerated wound over the back of his head and issued Exh.
NAGAPPAN, J. Leave granted in both the special leave petitions.
P.10 disclosure statement of accused No.4 Rajender Prasad wooden plank was recovered under Ex.
