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2018 Supreme(Chh) 439

PRITINKER DIWAKER, GAUTAM CHORADIYA
Milan Ram Khande, S/o Muni Ram Khande – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellants :Shri. R.K. Gupta & Shri. Rajneesh Shrivastava, Advocates
For the Respondent: Shri. Adil Minhaj, Panel Lawyer

JUDGMENT :

P. Diwaker, J.

1. This appeal arises out of the judgment of conviction and order of sentence dated 23.3.2013 passed by the learned Sessions Judge, Korba in S.T. No.51/11 convicting the accused/appellants under Sections 302/149, 324/149 & 328/149 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo RI for life & fine of Rs.1,000/-, RI for 3 years & fine of Rs.1000/-; RI for 3 years & fine of Rs.2,000/-, with usual default clauses, respectively. Accused/appellant Milan Ram & Daras Ram have also been convicted under Section 6 of the Tonhi Pratadna Nivaran Adhiniyam, 2005 and sentenced to undergo RI for 2 years and fine of Rs.1,000/- with usual default clause.

2. The prosecution story, in brief, is that on or about 30.3.2011 Kachra Bai (deceased) along with her husband Babulal had gone to the house of accused/appellant Chhatram & Badra Bai, sister of Kachra Bai, situated at village Bamnidin to see their ailing son namely Manmohan. On that day itself, Kachra Bai, Badra Bai, Chatram & Sampat took said Manmohan to the house of accused Ganesh Anant, situated at village Rumgara, for his treatment through exorcism. Exorcists i.e. accused Daras & Milan























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