NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 867 of 2010

1.Ramkumar @ Nanki, S/o Mohanamandal Satnami, Aged about 24 years.

2.Uttam Kumar S/o Late Mahetarlal Satnami, aGeda bout 25 years.

3.Uttra Kumar S/o Badru Satnami

4.Jai Kumar S/o Mohanamandal Satnami, Aged about 26 years.

5.Mohanamandal @ Mahamandal S/o Ghasiyaram Satnami, Aged about 46 years.

All are R/o Village Kharkena, Police Station Dabhra, Distt. Janjgir-Champa, Chhattisgarh.

---Appellants Versus State of Chhattisgarh through Thana Incharge, Police Station Dabhra, Distt. Janjgir-Champa, Chhattisgarh. ---Respondent For Appellants :- Mr. Rahil Kochar, Advocate For State :- Ms. Ruchi Nagar, Dy. G.A.

Criminal Revision No. 58 of 2011

1.Dujeram Bhardwaj (died) through Lrs :-

a. Hemlal Bhardwaj S/o Late Dujeram Bhardwaj, Aged about 50 years, R/o Village Kharkena, Police Station Dabhra, Distt. Janjgir-Champa, Chhattisgarh.

---Applicant (Victim)

Versus

1.The State of Chhattisgarh through the District Magistrate, Janjgir-Champa, Chhattisgarh.

2.Ramkumar @ Nanki S/o Mohanamandal Satnami, Aged about 24 years.

3.Uttam Kumar S/o Late Shri Mahettarlal Satnami, Aged about 25 years.

4.Uttara Kumar (died and deleted).

5.Jay Kumar S/o Mohanamandal Satnami, Aged about 26 years.

6.Mohanamandal @ Mahamandal S/o Ghasiyaram Satnami, Aged about 46 years.

Respondents No. 2 to 6 are R/o Village Kharkena, Police Station Dabhara, Distt. Janjgir-Champa, Chhattisgarh.

---Non-applicants For Applicant :- Mr. Roop Naik, Advocate For Non-applicant 1/State :- Ms. Ruchi Nagar, Dy. G.A.

For Non-applicants 2 - 6:- Mr. Rahil Kochar, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sachin Singh Rajput Judgment on Board

16/08/2022 Sanjay K. Agrawal, J.

1.Vide impugned judgment dated 19/11/2010 passed in Sessions Trial No. 98/2007, learned Additional Sessions Judge, Sakti, Distt. Janjgir-Champa has convicted the five appellants/accused persons for offences punishable under Sections 147, 341 and 325 read with Section 149 of IPC and sentenced them to undergo R.I. for six months and fine of Rs. 1000/- each in default of payment of fine additional R.I. for one month; S.I. for one month and fine of Rs. 500/- each in default of payment of fine additional S.I. for seven days and R.I. for two years and fine of Rs. 1000/- each in default of payment of fine additional R.I. for three months, respectively, though acquitted them for offence punishable under Section 307 read with Section 149 of IPC. Consequently, the criminal appeal under Section 374(2) of CrPC has been preferred by the appellants/accused persons for their conviction for the aforesaid offences whereas the criminal revision under Section 397 read with Section 401 of CrPC has been preferred by the applicant/victim Dujeram Bharadwaj (who died during the pendency of the matter and now his son Hemlal Bharadwaj has been substituted) for acquittal of the accused persons for offence punishable under Section 307 r/w Section 149 of IPC.

2.The case of the prosecution, in brief, is that on

23/03/2006 at about 07:00 AM in village Kharkena, the five accused persons constituted unlawful assembly and assaulted Dujeram Bhardwaj (P.W.-17) with hands and fists as well as with wooden sticks (lathis) and axe (tangi) in furtherance of their common intention of causing his death and thereby, committed the aforesaid offences.

3.Further case of the prosecution, in brief, is that on 23/03/2006 at about 07:00 AM, the original applicant/victim namely Dujeram Bhardwaj (P.W.-17) was going to plough his field but when he reached near the house of one Shivprasad Sidaar, the accused persons stopped him and assaulted him with hands and fists as well as axe and wooden sticks by which he suffered grievous injuries and the bones of his hands and legs got fractured. After the incident, he was immediately taken to the Hospital at Dabhra and his son Hemlal (P.W.-1) reported the matter at Police Station pursuant to which FIR was lodged against the accused persons vide Ex. P/1 an