The court upheld the impugned judgment and dismissed the appeal.

JUDGMENT :

SUJOY PAUL, J.

1. This common Judgment will dispose of Criminal Appeal Number 2979/2013 and Criminal Appeal Number 07/2012. rocedure

The Criminal Appeal Number 07/2012 is directed against the judgment dated 24-11-2011 whereby the Appellants were convicted for committing offence under section 302, 148 read with section 149 of the Indian Penal Code (hereinafter referred to as IPC) and were directed to undergo rigorous imprisonment with fine of Rs. 1000 with default stipulation.

2. The Criminal Appeal Number 2979/2013 is filed by Complainant Smt. Nirmala Patkar against the impugned judgment dated 24-11-2011 passed in Sessions Case Number 78/2007, whereby, the Respondent Number 2 ? 6 have been acquitted by the Court below.

Criminal Appeal Number 07/2012

3. The Appellants Dhirendra Singh alias Dheeru and Shailendra Singh alias Sheelu have filed this Appeal under section 374(2) of the Criminal Procedure Code against the aforesaid judgment dated 24-11-2011 passed in Sessions Trial Number 78/2007.

4. The story of the prosecution in brief is that on 9-12-2006 at around 11 a.m., Dinesh Patwa (the deceased) was present behind his house. The Appellants along with 5 other persons came there on motorcycles. The appellants were armed with swords and ‘Danda’/sticks. The accused persons assaulted him with the weapons they were carrying. The incident of assault was witnessed by Motilal (PW/13), Jang-Bahadur (PW/ 14), Archana PW 24, Rishu Patwa (PW/28) and other witnesses.

5. The Complainant Nirmala and sister-in-law (Jethani) cried for help and resultantly, the neighbours and villagers reached to the place of incident. The accused persons fled away. Because of the aforesaid incident of assault, the deceased Dinesh Patwa was seriously injured. An FIR regarding said crime was lodged by the Complainant Nirmala in Police station Raipur Karchulian as crime number 293/2006 under sections 147, 148, 307 read with section 149 of the Indian Penal Code. The injured Dinesh Pawta was taken to hospital where he was declared dead by the doctors. The Incharge of the surgical ward doctor M. K. Tiwari sent the information to Police that Dinesh Patwa died at 5:35 PM. The body was kept at the morgue of the hospital. In turn, the Police station recorded the ‘marg’ intimation number 69/2006 under section 174 of the Criminal Procedure Code.

6. During investigation, the witnesses were summoned. The Panchnama of the dead body was prepared in the presence of witnesses. The body was sent for post-mortem. Dr. S. K. Pathak and Dr. Yatnesh Tripathi conducted the post-mortem. After receiving the post-mortem report, P.S. Karchulian started the investigation of the matter. The spot map was prepared. The bloodstained and simple soil was recovered from the spot. The statements of Samar Bahadurm Nirmala Pawta, Anita, Rampratap, Sheshmani, Umakant, Hasmat and Jung Bahadur were recorded under section 161 of the Criminal Procedure Code. The accused persons were also arrested by the Police. The memorandum statement of appellant Shailendra @ Sheelu was recorded and a sword was recovered from him as per information given by him. The clothes of the deceased were also seized. A cartridge was seized from the place of incident. This statement of Moti Lal, Archana, Sunny Verma Kamlesh Patwa and Mahesh Tripathi were recorded. In addition, another spot map was prepared by the Patwari Mohd Iqbal Khan. Constable Prem Lal took the seized material to F.S.L. Sagar for examination. After receiving the F.S.L. report, and completion of the investigation, the charge sheet was filed in the Court of the Judicial Magistrate 1st class, Rewa on 20-3-2007. The matter was committed to the Sessions Court.

7. Before the Sessions Court, the accused persons abjured their guilt and contended they have been falsely implicated. As many as 8 defence witnesses entered the witness box and deposed their statements in support of the defence.

8. The Court below framed 2 questions and recorded the statement of 36 prosecu