When the deceased Anil Chandrakar ran to save Irfan Golu, the appellants accused caught hold of Anil Chandrakar and the juvenile accused, Chotu, stabbed him in the abdomen.
So far as the death murder of Anil Chandrakar, the High Court has altered the companyviction of the appellants from Section 302 I.P.C. to Section 307 I.P.C. read with Section 34 I.P.C. and sentenced them to undergo imprisonment for seven years.
Further, as pointed out by the Trial Court as well as the High Court the evidence of Salim Khan PW 10 is companyroborated by the medical evidence as well as by the recovery of weapon from juvenile accused Chotu.
After companypletion of the investigation, a chargesheet was filed against the accused under Section 302 I.P.C. read with Section 34 I.P.C. on two companynts.
As the occurrence took place in the companyrse of sudden fight between the deceased and the accused party the occurrence would fall under sub section 4 of Section 300 I.P.C. The injuries inflicted on the deceased Irfan Golu is on the backside piercing the left lung which shows the intention of the juvenile accused who inflicted the injury.
Thereafter, both the appellants Sunny Khanna and Pradeep Singh Jugu caught hold of the deceased Irfan Golu and the juvenile accused Chotu inflicted stabbed injuries twice on abdomen and right elbow and Irfan Golu fell down.
On raising alarm, the accused fled away from the scene of occurrence.
The occurrence was at the night time on the day of Holika Dahan, a day prior to Holi and at that time it cannot be expected of the prosecution to examine any independent witnesses.
So far as the death of the deceased Anil Chandrakar, as aforesaid in para 1 the companyviction of the appellants was altered from Section 302 I.P.C. read with Section 34 I.P.C. to Section 307 P.C. read with Section 34 I.P.C. In his evidence Salim Khan PW 10 has stated that the appellants accused, Sunny Khanna and Pradeep Singh Jugu held the deceased Irfan Golu and juvenile accused, Chotu, stabbed the deceased Irfan Golu with a weapon like butter knife.
Deceased Anil Chandrakar also succumbed to injuries on 13th April, 2008 i.e. twenty days after the incident.
An altercation took place between deceased Irfan Golu and Chotu which resulted in heated arguments.
At that time second deceased Anil Chandrakar rushed to save Irfan Golu and then both the appellants are alleged to have caught hold of him and juvenile accused Chotu assaulted him by knife and caused injuries.
BANUMATHI, J. These appeals arise out of judgment dated 17th November, 2014 passed by the High Court of Chhattisgarh at Bilaspur in and by which the High Court has affirmed the companyviction of the appellants under Section 302 I.P.C. read with Section 34 I.P.C. for the death murder of deceased Irfan Golu.
Complainant Aavez Khan PW 1 took the deceased persons to hospital where deceased Irfan Golu was declared dead.
2 Signature Not Verified Case of the prosecution is that on 21 st March, 2008 at Digitally signed by MAHABIR SINGH Date 2018.10.09 about 174149 IST Reason 10.30 pm deceased Irfan Golu and decased Anil Chandrakar were present near Holika dahan.
It is in these circumstances, the juvenile accused, Chotu, inflicted injuries on deceased Irfan Golu while the appellants herein held the deceased Irfan Golu.
