NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 382 of 2023

1. Rambilas Agariya S/o Dhanraj Agariya aged about

31 Years R/o Chharchha, Police Station Manendragarh,District-Koriya,Baikunthpur(C.G)

2. Ram Lakhan Agariya S/o Dhanraj Agariya aged about 20 Years R/o Chharchha, Police Station Manendragarh,District-Koriya,Baikunthpur(C.G.)

3. Shrichandra @ Bablu S/o Ramcharan Agariya aged about 24 Years R/o Chharchha, Police Station Manendragarh, District : Koriya (Baikunthpur), (C.G.)

---- Appellants Versus • The State of Chhattisgarh through Station House Officer Police Station Manendragarh, District :

Koriya (Baikunthpur), Chhattisgarh ---- Respondent _________________________________________

For Appellant : Mr. Rajkumar Pali,Advocate For Respondent/State : Mr. R.S. Marhas, Additional A.G.

Division Bench Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

12.03.2024 Per Ravindra Kumar Agrawal, J

1. Being aggrieved by the judgment of conviction and sentence dated 31-01-2023 passed by learned Second Additional Sessions Judge, Manendragarh, District Koriya, in Sessions Case No. 43/2021, the appellants/accused persons have filed the instant appeal under Section 374(2) of the Code of Criminal Procedure, 1973(for short, ‘Cr.P.C.)’ whereby the appellants/accused persons have been convicted for the offence punishable under Section 302 read with Section 34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs. 500/- to each of the appellants/accused persons, in default of payment of fine additional rigorous imprisonment for 15 days to each appellants/accused persons.

2. Brief facts of the case are that on 16-12-2020, on the occasion of marriage of the daughter of Anoop Pratap (P.W. 10), the marriage function in his house at village Charcha was going on. On his invitation, his relatives from various places including the appellants/accused persons had also came there. They were enjoying music in DJ and dancing in the rhythm. The deceased was also enjoying and dancing with them. In the night at about 01.00 o’clock, 0n 17-12-2020, the accused persons/appellants started altercation with the deceased as to he came from other village and why he is dancing so much. On this altercation, all the accused persons/appellants have thrown him on the ground and accused/appellant Shrichand assaulted him by means of wooden log on the back side of his head. They were giving threatening to him to dire consequences. When Sahdev tried to intervene, he too has been threatened by them. By the assault made by the accused persons/appellants, the deceased became unconscious and the accused persons/appellants fled away from there. Sahdev (P.W. 1) has informed the family members of the deceased about the incident and thereafter, the deceased was being taken to Manendragarh hospital where he succumbed to his injuries on 17-12-2020 at about 9.00 a.m.

On the intimation of Sahdev (P.W. 1) to the police station Manendragarh, the merg Ex. P-1 was recorded by the police. After merg inquiry, F.I.R. Ex. P-2, for the offence under Section 302, 34 of I.P.C. was registered on 17-12-2020 against the accused persons/appellants. Spot map Ex. P-3 and P-4 was prepared by the police and Ex. P-6 was prepared by the Patwari. Inquest Ex. P-5(A) of the dead body of the deceased was prepared on 17-12-2020 in presence of the witnesses and body was sent for its post mortem to Community Health Centre, Manendragarh. Dr Onkar Lal Burman (P.W. 13) has conducted the post mortem of the dead body of the deceased and gave his post mortem report Ex. P-18. During the post mortem of the dead body, the doctor has noticed 4” lacerated wound on it. lower occipital bone transverse direction 1” width, abrasion it. elbow joint transverse direction ½”, 1 cm width posteriorly it. wrist joint, abrasion 1 cm round shape. Depressed fracture of his occipital bone is also found by the doctor and opined that death due to cardio-respiratory failure (neurogenic