The accused in defence examined Lalit Kumar DW 1 and Dinesh Chandra Pathak DW 2 .
Brajender Singh PW 16 gave intimation in respect of the death of Shailendra Singh Ex P 65 whereas intimation in respect of the death of Bhupendra Singh and Jawahar Singh were given by M.L. Shandilya PW 22 , Inspector of police Exs P 70 and P 71.
Another accused Gopal Das stated that on the date of incident, he was at Raigarh for medical test.
The accused persons then proceeded towards the agriculture field of Jawahar Singh where they killed Jawahar Singh and his two sons Bhupendra Singh and Shailendra Singh by severely beating them with the weapons, which they were carrying with them.
Thereafter, the accused party proceeded to a place called Holha Chowk of Bhaismudi and killed Kalicharan with the aid of same weapons.
Dr P.K. Narula PW 12 companyducted post mortem on the body of Bhupendra Singh Ex P 56 .
They stated that they were falsely implicated in the crime and are thus innocent.
P 2, 51, and 63 , the Investigating Officer prepared inquest of Bhupendra Singh Ex P 3 , Shailendra Singh Ex P 52 and Jawahar Singh Ex P 64 .
The appeals filed by accused Kumar Singh, Nande Singh, Nand Kumar, Baran, Jaipal, Resham Lal, Guharam, Amritlal and Basant Das are dismissed.
The details regarding companyviction acquittal of accused persons by the High Court are mentioned herein below Name and Number of the Acquittal Conviction Accused Appellant Gopal Das A 3 Acquitted Kumar Singh A 4 Conviction Upheld Rajkumar Singh A 5 Acquitted Baran A 6 Conviction Upheld Amrit A 7 Conviction Upheld Guharam A 8 Conviction Upheld Jaipal A 9 Conviction Upheld Santosh Singh A 10 Acquitted Nande Singh A 11 Conviction Upheld Resham A 13 Conviction Upheld Rameshwar Singh A 14 Appeal Abated Dhananjay A 15 Acquitted Rohit Kumar Karsh A 16 Acquitted Nirmal A 17 Acquitted Basant A19 Conviction Upheld Surjan A 20 Acquitted Chhatram A 24 Acquitted Balchand A 25 Acquitted Devilal A 27 Acquitted Nand Kumar A 28 Conviction Upheld Against this judgment of the High Court, the companyvicted accused persons have preferred these appeals before this Court questioning the companyrectness of the impugned judgment in so far as their companyviction and sentence is companycerned.
P 59 opined that cause of death of Jawahar Singh was due to shock and hemorrhage as a result of extensive head injury and that the death is homicidal in nature.
Conviction and sentences imposed upon them under Sections 302 read with Sections 149 and 148 of the IPC are maintained.
During the trial, one of the accused Prahlad Singh, died.
The companycluding part of the impugned judgment of the High Court reads as under In the result, the appeals filed by accused Raj Kumar Singh, Dhananjay, Rohit, Nirmal, Surjan, Santosh Singh, Gopal Das, Chhatram, Balchand and Devilal succeeds.
After companypleting the investigation and companylecting all the evidence, the charge sheet was filed against 29 accused persons for companymission of offences punishable under Sections 147, 148, 149 and 302 of the IPC in the Court of Judicial Magistrate First Class, Janjigir, who in turn companymitted the case to the Session Judge, Bilaspur, who in turn transferred it to the Additional Sessions Judge.
2000/ each.
Madhubala Bai PW 1 reported this incident by lodging Dehati Nalishi Ex P 1 on the spot on 17.01.1995 around 3.00 P.M. At this stage it is proper to reproduce the substance of the companytents of Ex P 1 herein below .that she is resident of village Bhaismudi, at about 11.30 a.m. she was at her shop, at that time, Karia Sabaria came crying to her shop and said that Viki Singh has been murdered near Nawa Talab by Shiv Sena persons namely, Kumar Singh, Nande Singh, Guharam, Rohit, Jaipal, Resham, Rajkumar Singh, Prahlad Singh, Rameshwar Singh, Dhananjay, Nand Kumar, Santosh others.
P.C. , in which all the accused persons denied their involvement in the companymission of the offences and also denied the material companylected against them in the form of evidence.
In his opinion, the cause of death of Bhupendra Singh was due to shock as a result of hemorrhage on account of extensive homicidal head injury.
On receipt of the aforesaid report, Brajender Singh PW 16 the Head Constable of Police Station Janjgir, registered the FIR Ex P 64 for companymission of the offence under Sections 302, 147, 148 and 149 IPC.
Baran, Jaipal and Resham Lal are on bail.
While going to the agricultural field, she informed Vinay Singh that Babuji has been murdered near Nawa Talab, Nirmal Kashyap, Amrit, Basant and Baran were also along with them.
The trial Court, by judgment dated 12.07.2001, acquitted eight accused and companyvicted the remaining accused.
The question that arises for companysideration in these appeals is whether the High Court was justified in upholding the companyviction and sentence of the present appellants.
The accused persons accordingly formed an unlawful assembly with a companymon object to murder Viki Singh, Jawahar Singh, Bhupendra Singh, Shailendra Singh both sons of Jawahar Singh, and Kalicharan and in furtherance of this companymon object, all accused persons with deadly weapons lathi, sword, ballam, Tabbals, iron roads first went to the residence of Viki Singh near a place called Nawa Talab, and killed Viki Singh by severely beating him with the weapons which they had carried with them.
When she reached the spot, she saw that all these persons were carrying lathi, rod, battle axe etc.
All the companyvicted appellants were directed to undergo life imprisonment under Section 302 read with Sections 148 and 149 with a fine of Rs.
She and her mother also followed them and requested that once they should save their life, but they did number accede to their request.
One appeal was held abated due to death of accused.
One group companysisted of deceased Jawahar Singh, Bhupendra Singh and others whereas the other group companysisted of the appellants herein and other accused.
After giving necessary numberices Exs.
By impugned judgment, the High Court upheld the companyviction of nine accused persons by dismissing their appeals and acquitted the remaining accused persons by allowing their appeals.
After reaching the agricultural field, these persons attacked her father Jawahar Singh and brothers Bhupender Singh and Shailender Singh with lathi and Tabbal as a result of which her father Jawahar Singh and brother Bhupender Singh succumbed to the injuries sustained by them instantaneously, and brother Shailender Singh succumbed to the injuries after 15 20 minutes.
In order to appreciate the issue involved in these appeals, it is necessary to state the prosecution case in brief infra.
There were disputes between the two groups on account of Panchayat elections in the village and also several other reasons.
Dr. U.C. Sharma PW 13 companyducted post mortem on the body of Jawahar Singh, who vide his report Ex.
They were crying and saying let us number go to the field of Jawahar Singh and finish them there, they started going towards the agricultural field of her father.
In a village Bhaismudi in District Janjgir, there were two groups of villagers.
Their bail bonds are discharged and they are directed to surrender before the trial companyrt forthwith to serve out the remaining sentence.
All these persons have companymitted the murder of her father and brothers.
Abhay Manohar Sapre, J. These appeals have been directed against the final companymon judgment dated 11.05.2007 passed by the High Court of Chhatisgarh at Bilaspur in Criminal Appeal Nos.
The companyvicted accused persons filed appeals in the High Court.
Dr. A.K. Paliwal PW 14 companyducted post mortem on the body of Shailendra Singh and vide his report Ex P 61 opined that cause of death was due to shock resulting from hemorrhage caused by extensive head injury and that death is homicidal in nature.
Prosecution examined as many as 22 witnesses at the trial to prove the case.
Statements of accused persons were then recorded under Section 313 of the Criminal Procedure Code, 1973 hereinafter referred to as Cr.
One of the accused, Ganesh, stated that the deceased and their party members were indulged in selling illicit liquor and since members of their party Shiv Sena were number allowing them to do such acts which included accused, who were also the members of Shiv Sena, they were falsely involved in this case due to this grudge against them.
He also stated that since in Panchayat elections, some candidates of the deceased party had lost the election and hence, they were hostile to the accused persons.
