AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRA No. 780 of 2012

1. Phool Bai And Ors W/o Kishan Chawhan Aged About 58 Years R/o Village

Kondamedi, Thana Palandur , Distt. Bhandara Maharastra , Maharashtra

2. Dhaurle Chawhan S/o Kishan Chawhan Aged About 28 Years R/o Village

Kondamedi, Thana Palandur , Distt. Bhandara Maharastra , District :

Bhandara, Maharashtra

3. Mahuna Bai S/o W/o Hiralal Nath Jogi Aged About 25 Years R/o Village

Kondamedi, Thana Palandur , Distt. Bhandara Maharastra , District :

Bhandara, Maharashtra

4. Mana Bai W/o Ashok Nath Jogi Aged About 20 Years R/o Village

Kondamedi, Thana Palandur , Distt. Bhandara Maharastra , District :

Bhandara, Maharashtra

---- Appellants

Versus

• State Of C.G., Through - P.S. Devri , Distt. Balod C.G. , Chhattisgarh

---- Respondent

For Appellants

:

Shri Mateen Siddique & Shri Arvind

Dubey, Advocates

For Respondent

:

Shri V.A. Goverdhan, Panel Lawyer

Hon'ble Shri Justice Pritinker Diwaker

Hon'ble Shri Justice Sanjay Agrawal

Judgement

P. Diwaker, J

05/03/2018

1. Present appeal is directed against the judgment dated 29.8.2012 passed

by the Additional Sessions Judge, Balod in Sessions Trial No.10/2012

convicting the accused/appellants for the offence punishable under

Section 302/34 of the Indian Penal Code (for short 'IPC') and sentencing

each of them to undergo RI for life and fine of Rs.50/-, in default to

undergo additional RI for 3 months.

2. As per prosecution case, deceased Manharan, his wife Mankarma (PW-3)

and the appellants were 'nomads', that is to say, they have no permanent

abode and they used to travel from place to place to earn their livelihood

by begging and fortune-telling. It is stated that on 27.12.2011 the

accused/appellants, deceased and other persons were staying behind

Santosh Hotel, Maaridevri, Tahsil Dondilohara, District Durg. On the same

day at about 8.30 p.m., accused/appellant Fulbai was cooking food on

oven and deceased Manharan was warming up himself from the fire of

oven. On account of foot of the deceased coming into contact with burning

log, the vegetable being cooked spilled over the ground as a result an

altercation ensued between the accused persons and the deceased and

in the course of altercation, they beat the deceased by hands, fists and

kicks due to which the deceased became unconscious. Deceased was

taken to the hospital where his MLC was done by Dr. Rajesh Sadani

(PW-8) vide Ex.P-16 and he advised for x-ray examination. However, on

x-ray examination, no bony injury was noticed. Dehati Nalishi (Ex.P-3)

was recorded on 12.12.2011 at the instance of Mankarma (PW-1) and

based on which un-exhibited FIR was recorded against the appellants

under Section 307/34 of IPC. During the course of treatment in the

hospital, the deceased succumbed to the injuries on 15.12.2011. On the

basis of information received by a Ward Boy of the hospital, un-numbered

merg (Ex.P-6) was recorded on 15.12.2011. Post-mortem examination

over the body of deceased was conducted by Dr. S.K. Bagh (PW-7) vide

Ex.P-7 and he noticed dark & red coloured ecchymosis over right occipital

parietal region of 6x4cm & 6x5cm respectively. Skull bone intact but

massive sub-dural haemorrhage was present on right temporal parietal

region. Contusion of 1.5 cm was present over right temporal lobe. Multiple

small clotted blood was present. As per opinion of autopsy surgeon,

cause of death was due to cardio respiratory failure as a result of head

injury and its complication and the duration of death was within 24 hours

prior to the post-mortem examination. Numbered Merg (Ex.P-6) was

registered on 31.12.2012.

3. After completion of investigation, charge sheet under Section 302/34 IPC

was filed against the accused/appellants and accordingly the charge was

framed by the trial Court against them. So as to hold the accused/

appellants guilty, the prosecution has examined 08 witnesses in suppor