Judgment on Board

1. In CRA No. 613/2015, the appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 30.04.2015 passed in Counter S.T. No. 127/2014 by learned Third Additional Sessions Judge, Janjgir, District- Janjgir-Champa (C.G.) in the following manner with a direction to run both the jail sentences concurrently:-

2. In CRA No. 627/2015, the appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 30.04.2015 passed in Counter S.T. No. 126/2014 by learned Third Additional Sessions Judge, Janjgir, District- Janjgir-Champa (C.G.) in the following manner:-

3. In ACQA No. 74 of 2017, preferred by the appellant Onkar Prakash Joshi, the learned Third Additional Sessions Judge, Janjgir, by the impugned judgment, acquitted the accused Karia @ Lekhram Koshle and Santosh Koshle of the offences punishable under Sections 294 and 506-B of the IPC, but convicted them for the offence punishable under Section 323 read with Section 34 of the IPC.

4. The case of the prosecution, as unfolded from the impugned judgment and the records of the case in CRA No. 613 of 2015, is that on the date of the incident i.e., 16.01.2014, during the festival of Cherchera, at about 6:00 p.m., an altercation took place near Dallu’s betel shop in village Kapisda between the accused/appellant Puniram and Labho @ Tajiram over the issue of providing liquor and ganja and the accused Puniram demanded liquor from the Labho @ Tajiram and assaulted him for the liquor. After this, accused Puniram left the spot and went home. Later, when Jitendra, Tajiram @ Labho and Shankar were returning home together from Dallu's Betel shop, at around 6.30 pm, as soon as they reached the lane near Puniram's house, the accused Puniram threatened them and also abused them by using filthily language and out of rage he took out an iron sickle from his house and assaulted on the head of Tajiram, due to which Tajiram got injured on head and started bleeding profusely. When Jitendra and Shankar attempted to intervene, the accused Puniram also assaulted them with hands and fists, causing injuries. On the basis of the information lodged by the complainant- Jitendra, at Police Station- Bamhnidih, an FIR was registered and the matter was taken up for investigation and after completion of all the necessary formalities, as the injured Tajiram @ Labho died during treatment, prima facie on finding the accused to have committed the said crime, a charge-sheet was led before the concerned Jurisdictional Magistrate, who in turn, committed the case for trial. On the basis of material contained in the charge-sheet, the learned trial Court framed charges against the appellant for the alleged commission of offence under Sections 294, 506-B, 323/34 and 302/34 of IPC. The appellant having abjured guilt, was subjected to trial.

5. The case of the prosecution, as unfolded from the impugned judgment and the records of the case in CRA No. 627 of 2015 & ACQA No. 74 of 2015, is that on the date of the incident i.e., 16.01.2014, during the festival of Cherchera, at about 7:00 p.m., Labho @ Tajiram said to the complainant- Puniram to give liquor and ganja, on which the complainant said that you drink of your money, then the accused Labho annoyed and abused him by using filthily language and assaulted him on the head and hand. Seeing this, Labho’s brothers Karia and Santosh began assaulting him. After which, the complainant ran away towards his home and narrated the entire incident to his family members. At that very moment, Labho, Kariya, and Santosh approached h