Back
2008(1) C.G.L.J. 236 (DB)
HIGH COURT OF CHHATTISGARH, BILASPUR
L.C. Bhadoo & Sunil Kumar Sinha, JJ.
SHIV RATAN SINGH @ RATAN SINGH & OTHERS - Appellants
Vs.
STATF OF C.G. - Respondent
Criminal Appeal No. 576 of 2003,
Decided on : 14-9-2007.
Atrocities - Conviction under Sections 147, 148, 302/149, 307/149 & 323/ 149 I.P.C. - [Atrocities] - [Sections 147, 148, 302/149, 307/149 & 323/149 I.P.C.] - The court discussed the credibility of witnesses, the ownership and possession of the disputed land, and the circumstances of the transaction resulting in the death of the deceased. The court relied on the evidence of injured witnesses and rejected the oral dying declaration of the deceased's wife, finding the accused guilty and confirming their conviction and sentence.
Fact of the Case:
The accused were charged with offenses under Sections 147, 148, 302, 302/149, 307, 307/149 & 323/149 of the I.P.C. for assaulting the complainant party, resulting in the death of one person and injuries to others. The accused claimed self-defense, alleging a land dispute and a retaliatory attack by the complainant party.
Finding of the Court:
The court found the accused guilty based on the evidence of injured witnesses and rejected the oral dying declaration of the deceased's wife. The court dismissed the appeal and confirmed the conviction and sentence of the appellants.
Issues: Credibility of witnesses, ownership and possession of disputed land, self-defense claim, admissibility of oral dying declaration
Ratio Decidendi: The court relied on the evidence of injured witnesses and rejected the oral dying declaration of the deceased's wife, finding the accused guilty and confirming their conviction and sentence.
Final Decision: The appeal was dismissed, and the conviction and sentence of the appellants were confirmed.
Sunil Kumar Sinha, J. :-
1. This appeal is directed against the judgment of conviction and order of sentence dated 16.4.2003 passed by the Additional Sessions Judge and Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Surguja, Ambikapur in Sessions Trial No. 320/2000, whereby the appellants were convicted under Sections 147, 148, 302/149, 307/149 & 323/ 149 I.P.C. and sentenced to undergo R.I. for one year, R.I. for ½ year, R.I. for life and fine of Rs.l,000/-, in default of payment of fine to further undergo additional imprisonment for 1 month, R.I. for 4 years and fine of Rs.2,000/-, in default of payment of fine to further undergo R.I. for 1 month and R.I. for one year and fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 15 days with a further stipulation to run the sentences concurrently.
2. The accused persons, 14 in numbers, were charged with the offence punishable under Sections 147, 148, 302, 302/149, 307, 307/149 & 323/149 of the I.P.C. The allegations are that they being the members of an unlawful assembly, in prosecution of common object of that assembly, committed murder of the deceased- Ramprasad, attempted life of Ganga ram (PW -5) and caused simple injuries to Rajnath (PW-7) and Shiv Prasad (PW-8).
3. The brief fects are that on 22.6.2000 at about 11.00 p.m., Ramjeet Ram (PW -4) lodged the First Information Report in police station, Ambikapur that on account of certain land dispute, Shiv Prasad, Ramprasad (since deceased), Gangaram & Rajnath were assaulted by Durjan Gond, Shiv Ratan Gond, Nand Lal Gond, Sonsai, Roopnath and Bunnu Gond, who were armed with deadly weapons like Lathi, Tangia, Baluwa, etc., on account of which, these persons have received injuries. On the said report, firstly an offence under Sections 147, 148,294,506 (Part-II) & 323/149 I.P.C. was registered and Gangaram, Rajnath & Shiv Prasad were sent for medical examination through requisition lips Ex.-P/ 27, P/28 & P/29. Ramprasad was also sent for medical examination. They were examined by Dr. J.K. Jain (PW-3). The injuries sustained by Ramprasad were mentioned in Ex.-P/6 (bed-head-ticket) and the injury reports of Gangaram, Rajnath & Shiv Prasad were prepared as Ex.-P/7, P/8 & P/9. They received the following injuries :
Injuries sustained by Gangaram :
(i) An incised wound, 8 cm x 2 cm x bone deep on left side of the chest with heavy bleeding;
(ii) An incised wound, 7 cm x 1 cm x bone deep of left fronto parietal region with bleeding;
(iii) One lacerated wound, 5 cm x 1 cm x bone deep on the left parietal region;
(iv) One lacerated wound, 3 cm x 1 cm x 0.5 cm on the left upper portion of face;
(v) One lacerated wound, 4 cm x 1 cm x 1 cm on the right side of forehead;
(vi) One lacerated wound, 3 cm x 1 cm x 1 cm on the right parietal region with bleeding;
(vii) One lacerated wound, 6 cm x 1 cm x 1 cm on the right parietal region &
(viii) One lacerated wound, 5 cm x 1 cm x 0.5 cm on the back portion of right parietal region with bleeding.
According to report Ex.-P/7, injuries No. 1 & 2 were caused by sharp edged weapon, whereas injuries No.3 to 8 were caused by hard and blunt object. He was admitted in District Hospital from 23.6.2000 to 8.7.2000.
Injuries sustained by Rajnath ;
(i) One contusion with bluishness, 6 cm x 2 cm x 2 cm on the back portion of right elbow causing pains on touch &
(ii) One contusion, 4 cm x 2 cm x 1 cm on the left upper portion of face. There was abrasion on this portion, 1.5 cm x 1 cm.
According to report Ex.-P/8, both the injuries were caused by hard and blunt object.
Injuries sustained by Shiv Prasad:
(i) One contusion with bluishness on the left wrist and back portion of left hand, 8 cm x 4 cm x 2 cm causing: pains on touch;
(ii) One contusion, 12 cm x 6 cm x 2 cm on the upper left portion of left forearm on the back and lateral aspect, lowering down movement of left elbow joint;
(iii) One lacerated wound, 5 cm x 1 cm x 1 cm on the
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
