CRA No. 1156 of 2003. Case: Baburam and Ors. Vs State of Chhattisgarh. Chhattisgarh High Court

Case Number:CRA No. 1156 of 2003
Party Name:Baburam and Ors. Vs State of Chhattisgarh
Counsel:For Appellant: Deepak Jain, Advocate and For Respondents: Ravindra Agrawal, P.L.
Judges:Pritinker Diwaker and Rajendra Chandra Singh Samant, JJ.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Sections 107, 116, 313; Explosive Substances Act, 1908 - Section 5; Indian Evidence Act, 1872 - Section 134; Indian Penal Code 1860, (IPC) - Sections 120B, 300, 302, 304, 34
Judgement Date:March 27, 2017
Court:Chhattisgarh High Court
 
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Judgment:

Pritinker Diwaker, J.

  1. This appeal arises out of the judgment of conviction and order of sentence dated 31.1.1998 passed by the Additional Sessions Judge, Bemetara, Distt. Durg in ST No. 139/1988 convicting the appellant Baburam under Sections 302 & 120B of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 200/- with default stipulation.

  2. Brief facts of the case are that on 5.3.1988 at 8.30 pm an FIR (Ex. P/7) was lodged by PW-4 Panchuram alleging therein that in the previous year cattle of one of the deceased namely Premdas had entered in the field of uncle of accused Ramprasad resulting in quarrel between the two groups in which accused/appellant Baburam also sustained injuries. After lodging of report, the case was registered against him (Panchuram), Ganesh, Naindas and Premdas. Even proceedings under Sections 107 and 116 of Cr.P.C. were drawn by the Sub Divisional Magistrate. It is alleged that on 5.3.1988 when he along with Ganesh (deceased), Naindas (PW-6) and Premdas (second deceased) were returning after attending the Court, Mehattar Sahu (PW-7) joined them in the market. In the evening when all of them were returning by their bicycles, on the way they were assaulted by the accused/appellant Baburam and other accused persons. It is alleged that first Ganesh was subjected to number of injuries by the accused persons as a result of which he died and immediately thereafter the accused persons caused injuries to second deceased Premdas which led to his death also. As per FIR, the incident was witnessed by PW-6 Naindas and PW-7 Mehattar. FIR under Section 302/34 of IPC was registered against all the accused persons. Immediately thereafter merg intimation Ex. P/17 was registered at the instance of PW-4 Panchuram. Inquest over the dead body of deceased Premdas was prepared vide Ex. P/3A on 6.3.1988 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-1 Dr. Naresh Tiwari vide Ex. P/1 wherein he noticed number of injuries, including incised and penetrating wound as well as crushed injuries, on the person of the deceased and opined that the cause of death was shock and hemorrhage. After filing of charge sheet, the trial Court framed charges under Sections 302/34, 120B of IPC and Section 5 of Explosive Substances Act against all the accused persons.

  3. So as to hold the accused persons guilty, the prosecution examined 16 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.

  4. During trial, accused No. 4 Johna expired and the trial Court proceeded in respect of appellant Baburam, accused Juggu @ Ramprasad and Kejau.

  5. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment while acquitting accused Kejau of all the charges, convicted and sentenced the appellant...

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