Point of Law: There is no proposition in law that relatives are to be treated as untruthful witnesses.

JUDGMENT :

Sachin Singh Rajput, J.

1. Criminal Appeal No. 1419/2015 has been filed assailing the legality, validity, correctness and judicial propriety of the judgment of conviction & order of sentence dated 07.08.2015 passed by learned Sessions Judge, South Bastar District – Dantewada in Sessions Trial No. 96/2006 (C.G.) and Criminal Appeal No. 81/2018 has been filed assailing the legality, validity, correctness and judicial propriety of the judgment of conviction & order of sentence dated 21.11.2017 passed by learned Sessions Judge, South Bastar District – Dantewada (C.G.). By the impugned judgments, the appellants were held guilty for causing homicidal death amounting to murder of deceased Raju Ram Bhaskar in furtherence of common intention with other accused persons. Appellant-Halkuram was convicted for offence punishable under section 302/34 of the Indian Penal Code, 1860 {for short ‘IPC’} and sentenced for life imprisonment. Appellant Boddaram was convicted for offence under section 302/34 of IPC and sentenced for life imprisonment and fine of Rs.500/- in default of payment of fine, 2 months additional rigorous was imposed. Since both the appeals are arising out of same sessions trial, it is being decided by this common judgment.

Facts of the case

2. The appellant Halkuram was put to trial for charge of committing murder of deceased Raju Ram Bhaskar in furtherance of common intention with co accused persons Dukaru Ram, Raghu Bhaskar, Bomda Ram and Boddaram which is punishable under section 304 read with section 34 of IPC. He was further charge for voluntarily causing hurt to Tuman, Phulmati with Knife {Gupti} punishable under section 324 of IPC. He was also charged for offence punishable under section 25 of Arms Act, 1959 for keeping in his possession an iron rod and knife {Gupti}. Appellant Boddaram was also put to trial for charge of committing murder of deceased Raju Ram Bhaskar in furtherance of common intention with co-accused persons Dukaru Ram, Halku Ram, Raghu Bhaskar, Bomda Ram which is punishable under section 304 read with section 34 of IPC.

3. It is to be noted at this juncture that initially total 5 accused persons namely Boddaram, Dukaru Ram, Raghu Bhaskar, Bomda Ram and Halkuram were put to trial but during the pendency of trial, Halkuram and Boddaram absconded and they were declared absconder. Rest of the accused faced the trial and were convicted under Section 302 read with Section 34 of IPC and sentenced to life imprisonment with fine of Rs.100/-, in default of payment of fine to further undergo Rigorous Imprisonment for one month vide judgment dated 31.03.2009 in Sessions Trial No.96/2006 by the Sessions Judge, South Bastar Dantewada, (C.G.). These accused persons preferred an appeal against their conviction before this Court and vide Judgment dated 11.02.2014 their appeals bearing Cr.A. No. 321/2009 Dukaru Ram Vs. State of Chhattisgarh, Cr.A. No. 322/2009 Raghu Bhaskar Vs. State of Chhattisgarh, Cr.A. No. 323/2009 Bomda Ram Vs. State of Chhattisgarh came to be dismissed and their conviction was affirmed.

4. The prosecution case, in brief, is that in the night of 15.01.2006 Guddiram Bhaskar (PW-3), his father Rajuram Bhaskar, his mother Smt. Kohle Bhaskar (PW-4), his brothers Balram and Masram, his wife Manki, his sister-in-law Ramli were sleeping in different rooms after taking dinner in his house at Village Mophalnar, Patelpara, P.S. Gidam. In the morning of 16.01.2006 at about 4 AM upon hearing the Rooster Crow complainant Guddiram Bhaskar (PW-3) came out of his house and in the moonlight, he saw Boddaram Bhaskar (Appellant in Cr.A No. 81/2018) was holding bow and arrow in his hands, Dukaruram Bhaskar (convicted accused) holding rod, Halkuram ((Appellant in Cr.A No. 1419/2015) holding knife, Raghu Bhaskar (convicted accused) holding bow and arrow in his hands, Bomdaram (convicted accused) holding axe (tangiya) standing in front of his house in the verandah. They said to him that his father is engaged in