NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1057 of 2003

1. Shatruhan alias Shatrughan, aged about 45 years, S/o Aghori Satnami, R/o Village Girvani, P. S. Bilaigarh, District- Raipur (C.G.)

2. Saheb Lal, aged about 67 years, S/o Suklal Satnami, R/o Village Girvani, P. S. Bilaigarh, District- Raipur (C.G.)

3. Mem Bai, aged about 43 years, W/o Shatruhan alias Madho Satnami, R/o Village Girvani, P. S. Bilaigarh, District- Raipur (C.G.)

---- Appellants Versus State of Chhattisgarh, through P.S. Bilaigarh, Distt- Raipur (C.G.)

-----Responden -------------------------------------------------------------------------------------------------

For Appellants : Mr. Anand Kesharwani, Advocate.

For Respondent/State : Mrs. Sunita Manikpuri, Dy. G. A.

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Hon'ble Smt. Justice Rajani Dubey Judgment on Board

25.07.2024

1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 09.09.2003 passed by learned First Additional Sessions Judge, Baloda Bazar in Sessions Trial No. 103/2003 , whereby the said Court convicted the appellants and sentenced them as under:-

(All the substantive sentences shall run concurrently.)

2. Learned counsel for appellant submits that appellant No. 3 Mem Bai had died on 27.05.2019 and the death certificate dated 30.05.2019 of appellant No. 3 which was issued by the competent authority is annexed therein, the appeal in respect of the appellant No. 3 stand abate and dismissed as abated. Now, this appeal rests for in respect of appellants No. 1 & 2.

3. Brief facts of the case are that on 25.01.2003 at around 5.30pm, the complainant Anand Ram came back from the street and went towards his courtyard to answer the nature call, where vegetables are grown and saw that his cow is in the courtyard of Kodde Thanvar, the complainant called his niece Rajani from there itself so that she can take the cow back, at that time the appellant No. 3 Membai along with her two children was going towards the house of Paras Satnami, upon hearing the voice of the complainant, called her son Raju alias Rajkumar who was the appellant therein and told him that the complainant is calling her a cow. On being known about this fact by his son Rajendra, all the appellants except appellant No. 5 gathered together with a club, used filthy language and trespassed forcibly in the courtyard by jumping over the wall and opened the wooden gate of the complainant and started beating him and thereby threatened him to death. Complainant Anand Ram, Rajendra, Bodhwa and Aghori sustained injuries due to this quarrel and one of the accused Lakshmi Prasad beaten Bodhwa with belt. After the incident all accused persons fled from the place. This incident was reported to the Police Post Bhatgaon, which was registered as Zero and then the case was sent to the concerned Police Station Bilaigarh for registration on the number. Then Rajendra Kumar, Bodhwa, Aghori, Anandram were medically examined by the doctor and the doctor was questioned regarding the injuries suffered by Bodhwa. On being advised by the doctor, Rajendra was sent for X-Ray. A spot map was also prepared. The medical slip of Rajendra was seized by the police. On the testimonies of the accused persons namely Shatrughan, Rajkumar, Taheblal and Membai a club was seized and on the testimony of the accused Laxmi Prasad, a club and belt was seized in front of the witnesses and a seizure Panchnama was prepared. The statements of the witnesses were taken on record and the doctor was questioned regarding the injuries suffered by Rajendra and regarding the injuries sustained by the persons who got injured by the seized clubs. After completion of due and necessary investiga