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, were called in the house of Ganesh Anant to cure said Manmohan. When accused Daras & Milan were performing the act of exorcism in the house of accused Ganesh Anant, accused/appellant Bhagwati sat on the chest of Kachra Bai and caused injuries to her. At that time, some of the accused persons were holding hands & legs of Kachara Bai whereas some have also caused injuries to her. In the course of performing the act of exorcism, said Manmohan, Omprakash (PW-2), Indu Anant (PW-4) have also received injuries. It is further case of the prosecution that feeling suspicious about the activities of accused persons, the villagers informed the police pursuant to which the police arrived at the spot and when the police entered the house of accused Ganesh Anant after breaking open the doors, Kachra Bai was found lying in injured condition. Accused persons have also burnt the face of injured Madhu & Indu with incense stick. Kachra Bai was immediately taken to the hospital where he was declared brought dead by the doctor. Injured Manmohan was medically examined vide Ex.P-11. On 31.3.2011 FIR (Ex.P-2) was registered against accused/appellant Nos.1 to 4, 6, & others under Section 302/34 of IPC. Inquest on the body of deceased Kachra Bai was prepared vide Ex.P-17 on 31.3.2011. Body of deceased was sent for post-mortem examination vide Ex.P-7A which was conducted by Dr. M.P. Rathore (PW-5) vide Ex.P-

7 and he noticed following injuries;-

Bleeding from both nostrils.

Burns wound linear shape at right side of neck.

two burns marks of 1.5x 1cm & 1x1cm in size at abdomen.

The autopsy surgeon has opined that the cause of death was asphyxia due to suffocation. Statements of witnesses were recorded in the course of investigation.

3. After investigation, charge sheet against the accused/appellants was filed. The Court below framed the charges under Sections 302/149, 324/149, 328/149 of the IPC & Section 6 of the Tonhi Pratadna Nivaran Adhiniyam, 2005 against the accused persons. The prosecution in order to bring home the charges levelled against the accused persons examined 12 witnesses in all. Statements of accused persons were recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence & false implication.

4. After hearing counsel for the parties and considering the material available on record, the trial Court convicted & sentenced the accused/appellants herein vide impugned judgment in the manner as described above.

5. Learned counsel for the accused/appellants submit that there was no intention of any of the appellants to cause death or such bodily injury as is likely to cause death of the deceased in the ordinary course of nature. The only intention of the appellants was to treat said Manmohan through exorcism and in the process of performing t