‘ 9a u.g, @ HIEH COURT OF CHHATTISGARH 3ILA5PUB a: APPELLANQ: (In Jail) Crimina! Appea! No.600 of ZO01 Saha RawaT & ofhers d -Versus~ RESPONDENT: APPELLATS: -> — r (InJau) QE$PONDENTz J STu‘re of ChhaHisgur‘h Criminal Appecd No.681 of 20g Dhanir‘aam Dewangan & ofhers «Versus~ STu‘re 01" Chhu‘n‘isgar‘h 'Criminal Appeal No.l~"031 of 20C32 \~. Nafhumm & ofhers APPELLANTS: .(In Jan) ‘ RESPONDENT: ~Ver‘su5v V (M‘s? S’m‘re of C’hhu‘n‘isgar‘h 8: Criminal Appeal No.1097 0f 2002 ' 'Ramhamn c APPELLANT: (In Jail) RESPDN ONET: ~Versus- JUDGMENT FOR CONSIDERATION S'Ta’re of Chhu‘r’risgarh Sdl— Dhirendra Mishra Judge i HON'BLE MR JUSTICE T.P. 5HARMA ‘POST FOR JUDGMENT ON ill.“ FEERUARYJOOB Sd/- T. P. Sharma Judge ..' 1 ’, I l 1 l Sdl- g DmNDRA MIsHRA Judge N ‘ , i / n HIGH CQURT QF CHHATTI5§ARH ATBELASPUQ DIVISION BENCH : HON. MR. DHIRENDSQA MISHRA & HON. MR. T.P. SHARMA 3'5 AppeHan‘rs 1, (iii Jai!) 10. CRIMINAL APPEAL NO.6OO of 2001 Sadhe Ruwa‘r, S/o Jailal Rawaf, aged abouf 38 years, Sam‘mm Sa’mami, S/o Ramnafh Sa‘rnamh aged abom 72 years, Bishur‘, S/o Runu Udia. aged abouT 25 years, Dhurua Nai, S/o Kshun Nai, aged abou‘r 42 years, Dhcnau Chandrakar, S/o Chandrakar, aged abouf 5O years. Jew, 5/0 Bisha} Dewangan aged abau‘r 36 years, Buddha Rawa’r, S/o Baisakhu Rawa‘r, aged abouT 55 years, Khorbahara Dewangan. 5/0 Dewangan, aged abou’r 37 years, Shivprasad Dewangan, \Phool Dewangan, aged abou‘r 65 years, Dukalu Rawa‘r, S/o Ramsingh Rawaf, aged abouf 22 years, 11. :2 abou’r 36 year's, 12, 13. 14. 15. 16. Page 1 of 18 Parasram Sahu, S/o Jagatram Sahu, aged Khedu Dewangan, S/o Bishal Dewangan, aged abou’r 30 years, Chhanulal, S/o Manglu Nai, aged abou’r 22 years, Chamra Sahu, 5/0 Dheerpal Sahu, aged abouT 42 years, Sunderiai, 5/0 Gopi Sahu, aged abouT 50 years, Bagus Dewangan, S/o ChaiTram Dewangan, aged abou’r 4O years, Parghania Dewangan, S/o Dewangan, aged abouf 55 years, Geeyan Kosfa, 5/0 Shiv Charan Kosfa, aged abou’r 42 years, 5hankarlal Sharma, S/o Sharmawaged abouT 35 years, \ Kishun Jhaduram Singh Subhan 18. 19. Harakhram \ \ ..~:.. *m “1:7.zegl w 7,,F, Pagc of 18 Guharm Dewungan S/o Sukhm Dewcmgan aged abouf 4O years Laxmmarayan Dewangan, S/o Dhema Dewangun, aged ubouf 25 year‘s, Ramchamn Chundmkar (Kurmi), 5/0 Dhcmau Kurmi, aged 32 years, Radhe Rawaf, 5/0 Jaiicd Alias Peesa Rawaf, aged abou?‘ 25 years, Ramadheen Dewangan, S/o Cham‘am Dewcngan, aged abou‘r 42 years, Hiyar'am Dewangan, S/o Shiv Charan Dewangan, aged abouf 47 year's, Baisakhu Goud, S/o Mayaram Goud, aged abom‘ 32 year's, 5aTrughan Marar, 6/0 Dudr‘u Marar, aged abou’r 28 years; Samara Kewaf, 5/0 Ashwa KeWaT, aged abou’r 4O years, Lafel KewaT, S/o Ashwa Kewaf, aged abou‘r 45 years Mohan Kewa’r 5/0 Thukel Kewaf aged abouT 22 years Sa‘rruhan Gada, S/o Khorbahra Gada, aged abouT 22 years, Brij Singh, S/o Nahur Singh Goad, aged abouT 4O years, Dhanwar Sahu, S/o Keju Sahu, aged abouf 39 years, Tahal Sahu, S/o Bharoshi Sahu, aged abouf 46 years Bhara* Sahu, S/o Tahalram Sahu aged about 28 years Chamru Sahu, S/o Dheerpal Sahu, aged abouT 35 years, Dasra’r Goud, 5/0 Budhuram Goud, aged , about 4O years, Makhan Dewangan, S/o Khema Dewangan, » aged abou’r 4O years Mangeidas Sa’rnarm S/o Balu SaTnamI aged abouf 5O years ‘ ‘Pawan Sa’rnam; 5/0 Mange!das Sa‘mam; aged abom‘ 20 years Jaidhar Udla, S/o Kubhu Udia, aged abouT 5O years, ‘ 3; Fags 3 of 18 42. Birij Sa‘mami, S/o Bhondu Safnami, aged abouf 35 year‘s, Sam‘ Kumar, 5/0 RamnaTh Safnami, aged abouT Z4 years, 44. Bhuwan Sahu, S/o Keju Sahu, aged abou’r 24 year‘s, 45. Harakh, 8/0 Jagmohan Sharma, aged abom‘ 55 year‘s. The appeHan‘rs named above are R/o Karmandi, P.S. Palari, Disft Raipur (C.G.) VERSUS k Non-Appellanf STaTe of Chhaffisgarh CRIMINAL APPEAL NO.681 GF 2001 ,(~ APPELLANTS (In Jail) 1r, Dhaniram Dewangan' S/o Khemmm Dewangan, aged abouf 4O years. Z. Ramnafh Sainami, S/o Phool Chand SaTnami, aged abou’r 42 years. 3. Lakhanlal Dewangam 5/0 Khemram Dewangan, aged abou‘r 46 years. 4. Bhuwan Sharma, S/o Harakhram Sharma, Aged 3O years. . 5. Bhuwan Sahu, S/o KeJ’u Sahu, aged abouT 24 years. ’ The appellants named above are R/o Karmandi, P.S. Palarl; Disff. Raipur (C.G.) Q ‘ z: Vs RESPONDENT STaTe of Chha‘rlisgarh. . CRIMINAL APPEAL NO.1031 OF 2002 APPELLANT (In Jail) n g? ‘ 1. Nafhur‘am, s/o Kalanafh Sahu aged 25 yrs. [Accused N010] 2. Kheeram s/o Ram Tahal Sahu, aged 24 yrs. [Accused No.55] ”3. Mahelaroo, s/o Kejaoo Lohar, aged 29 yrs. [Accused No.60] 4. Blsahaf s/o Pafanga Gond, aged 28 yrs. [Accused No.63] 5. Krashna Kumar, s/o Radheshyam, aged 22 yrs. [Accused No.64] Vs RESPONDENT STaTe of Chha‘r’risgarh. & CRIMINAL APPEAL NO.1097 OF 2002' APPELLANT (In Jail) Ramcharan, age 20 years, son of Mangel Das, residem‘ of Karmandi, P.S. Palari, DisT’r. Raipur (C.G.) l Vs RESPONDENT, Sfa’re of Chnaffisgarh. "»\ e \ $ M §§w£A u YYEEAz " ; ’x‘. ’L Present swag} Page 4 of 18 @ ‘ Mr. CR. Sahu, AdvocaTe for The appellan‘rs in Crimina! Appeal No.600/01. Mr. Abhay Tiwari, Advocm‘e for The appeHam‘s in Criminal Appeal No.681/01 & 1031/02, Mr. \/.C. Sharma, Advoca‘re for The appellan‘rs in Criminal Appeal No.1097/02. ‘ Mr. D.K. Gwalr‘e, AddifionalPublic Proszcui'or‘ for fhe Sfgx‘re. JUDGMENT (Dalivared on 14.2.2008) Secfion 148kof IPC er D" mrend'M'h nu ‘s r'al J; g“ 1. Crimingil Appeal Nos.600/2001 & 681/2001 arising ouT of judgmen’r of conviction and order of senfe‘nce dafed 30.6.2001 passed in Sessions Trial No.116/87 & Criminal Appeal Nos.1031/02 oi 1097/02 arising ouf of judgmenf of convic’rion and order of senfence da’red 27.8.2002 ‘ passad in Sessions Trial No.116/87 are being disposed of by ‘rhis common judgment as The appellanfs of above appeals have been convicfed in connecfion wifh same sessions Trial number for fhe offence punishable under Sec’rions 148, 323/149, 325/149 & 302/149 of The Indian Penal Code (for brevify ‘IPC') and each of Them has been sem‘enced as under:— RI. for 2 yeqrs and to pay a fine of Rs.100/-, in default of paymen‘r of fine To undergo addi‘rional R.I. for 2 mom‘hs. R.I. for lyear and to pay q fine of Rs.100/— , in default of paymen‘r of fine To undergo uddi’rional RI. for 1 monfh. Secnon 325/149 of IPc' RI. for 3 years and ”to pay a fine of Seci'ion 323/149 of IPC ‘ 5A Rs.300/-, in defaulf of paymen’r of fine To undergo additional RI. for 2 mon’rins. RI. for life imprisonment and To pay a fine of Rs.500/—, in defaul’r of paymen’r of fine. ’ro undergo addi‘i'ional RI. for 6 monfhs. . Secfion 302/149 of IPC P Page 5 of 18 ord of *;‘r\e Trial cour’r i‘r appears ’rhaT during 2, From perusal of ‘rhe rec were on’ bail and because of fheir‘ nonv Kumar’ Ramcharan Kheer'am :arresf was directed ’ro be 'ssued agalnst Them on‘17.8.20‘01 and af’rer Med accuéed hamely Monharan, Nm‘humm, Bisha’r, Mahe’raroo, Krishna forfeifed and parpe’rual warran‘r of appearance Then" bad bonds were Criminal Appeal No.1031/02 & 'on 313 of Cr.P,C. was recorded and fhereaffer The'yé‘vWere a\so conwcfed dysen‘renced, as mem‘toned above, by a separate judgmem‘ da’red 27. > )g , 3 Ila-compliance of The o m Sundarlal Sahu, Jaldhar Udiya & appellanfs namefy - Khedura , & 6.12.2003 respec’rively, who were on bail and died during pendency applicaTion for prosecuTing The appeal on Their behaif‘, Therefore, disposed of as abeTTed. sTdnd abeTTed and accordingly The same Is 4. Caselof The prosecuTion, a on 3.7.1986 aT abouT 4.3 I Nalishi (Ex P—56) in The S,A.F. OUT \zi ThaT on 27 1986 aT abouT 3 OO p f Krlparam Daulal ‘PaTwarI Nayandas and Two womenfolk na To plow and‘sow The field of Bahra— "The “arres‘r of ’rhe appellan’rs m :10971/02 weir smmmem under seen 8.2002 . rder dmd 4.2.2008 warned Additional PuyQic § ProSecd’ror for the 'S’ra‘re has submif‘red dea’rh cerfificafes of Harakram Sharma dated 17.9.2C05, 17.7.2004, 13.11.2005, 27.2.2003 of The appeai. Since fheir iegai represenfa‘rives have nof made any rimlnal Appeai No 681/01 so far nT relaTes To The above appeiianTs, s reflecTed from The FIR'(E><.P‘57), is ThaT O am. complainanT Makhan gave DehaTi posT, Village Karmandi [To Theceffec’r m he had gone wiTh Bhubne%hwar, Kamlesh Hridaylal Pawan Kumar Ravi >Bisna, mely Premm Bai & BasanTa Bal Khar While They were engaged in p m persons belonging To i all of sudden enc1rcled Them leavmg no room for escape All persons who had encircled'The shouTing affack—affack and afTer The sound of whisTle They sTarTed pelTing sTones from all Sides and Th cl05ing The Circl him, his wife Devangan RamnaTh SaTnami assaulTed Wing and plowmg operaTion aT abouT 5 OO y armed With Danda STone & LaTh big parT field were ey also sTarTed e Shankar Sharma Harakhram Sharma‘, Dhaniram’ Devangan, Lakhan ' Page 6 18 of Busam‘a Ba, Premin Bai, Kaka, Bhai and labourer wifh a‘rhi. Ofher persons who were ccompanying .em also smr’re ssaulting Them wi‘rh iafhi as a resulf of which he‘has sus'rned humers injuries. His wife has also susfaine ijuries and she is iying/irf unconscious in ’rhe field. Even offer“ her fall on The ground, she was assauh‘ed by’ Harakhram Sharma, Dhaniram Devangan, Jefhu Devann, Lakhan Devanga‘ Khema Devanga A‘r ’ha‘r Time a consial f oufposf who was on gua dufy came ere and a’rer seing h all The u ersos fled from Ter We usfe urIe over her femp reg oi lefT Thg and sh was alread dea All The above person came There Wh a common obecT f beng on acoun’r of ld lnd relafei‘dééquarrel, which as purchased by his uncle ub‘shwar Throh regisTered sale eed. oev, ledef big paryamely Harakram Sharma sTarTed uarrl In T aove cidT hk Dau/Kash m, Pawanrw ba d als e nje n h ule v cical. Merg inTima’rlon waven on 3.7.1987 a 14. hrs. . Te regisTering he offene vide .I.R. of EX.P‘5 he olice pa‘ry sproceded for The scee of occurrenc prepred nquesT of E \:ii‘x\ I i ’ l a fh d a ai ou d n ga h n r be o rd fh f e im accsed pn he His if had samd mJs oral ion ih e y d s iT J o aTi c o a iw w Bhne ug d Hwer aro Tin qe. he b inen i Ravisanar, lalmle, Kripara kuma Premini ha o susTaind iuris. CodiTion of is nc Bhuneshwar is also riT sgi T 35 Afr T c F 7 T p r e n e a I XP 1 over The dead body of deceased BasanTa Bai and senT The dead body for auTopsy To GovernmenT HospiTal Baloda Bazar Vide Ex P-62A where Dr R P Pandey conducTed posTmorTem and gave his reporT of ExP 62 Injured Makhan (PW 6) Bhuvneshwar (PW-7) Rawshankar (PW—9) were referred for X—ray examinaTion To Dr. S.C. Bishnoi (PW-V 20) who afTer examinaTion vide his‘repor‘T of Ex P‘64 65 66 (Si 67 reporTed ThaT They had noT susTained any bony injury Injured Kamlesh (PW 10) a Daulal (PW-16) were also senT for exammaTion and I as perreporT of Kamlesh of EXP—70, The doctor hasjfound fracTure of righT ulna bone and as per reporT’ of Ex P-74 Daulal has susTained fracTure on lefT humorous bone and 4““ 5w meTacarpal bone of lefT bone of righT hand However X ray reporT [EXP 72] of injured l Kriparam menTions no bony injury gk ‘ ' 3> v :Q $1 s E? Page 7 of 18 Affer comple‘hng mvesflgahon, charge shee‘r was fi‘ed §ugainsf the accused/appellan‘rs m The Cour? of Judic‘d Mcgls’rrm‘e First Class, Bcdoda Bazar who m mm comm2‘r‘red The case ’ro The Cour’r of Sessmns Judge,.Rcipur and The same was received on warmer for Tmo‘ by rosecu'non exommed 31 witnesses m all and fhe reoffer' sfa‘remen'r of accused persons was recorded In whxch they den led ’rhe clrcums'ronces appearing ogamsf Them m fhe prosecu‘non case and pleoded mnocence' & false ’imphcahonggrfgwever learned “moi cour‘l’ af‘rer hearingcdhe counsel for fhe ’porhes conwc’red and senfenc ed fhe appellonfs K15“ learned Addifioncd Sessions Judge, Eulodo Bozox Durmg moi fhe' (e menhoned above Homicidal deafh of Bosan'm Bal Is nof In dispu‘re Even oTherwlSe from The, evldence of injured eyewvmesses namely Mal<hon (PW 6) liavishahkar (PW—9);, Kamleshv (PW—.10) Kamalnoroyan (PW 12) Kriparom (PW-14),'Daulal (PWv16),. Hridayram (PW-24) as also from The evidence of Dr R P Pondey (PW’18) who conducfed posfmortem er The persan of deceased Boson Ta Bat and gave hls reporT of Ex P— 62 in which he noTlced swelling on T he lefT cheek of Size 2x2" swelling ; of ,dlffweren’r sizes on her back abrasion over lower cosTol region of _ size 6" ConTusion over upper porT of forearm of Size 2‘” 2" > IconTuSIon over laTerol aspecT of lefT Thigh of Size 1" x1" on onzgrnal, xaminaTion also noticed blood sfored In The abdomen 4" £“ long' V loceraTed wound over The spleen and opined Thaf all The inJurles were anTe‘morTem In naTure Though The same were caused by hard d blunf obJecf 'ond cause of deafh was shock due To exaesswe bleeding f d bove inJuries and The deaTh was h rmcn e l In naTure iT is d ThaT deaTh of The deceased was homic1da,; l l Findihgs recorded .by The Trial caurT for conVIcTing The oppellanTs are as underze ~‘o From The reporTs of Ex P‘67 d EXP 74 proved by Dr Bishnoi (PW 20) Kamlesh (PW 10) susTamed fracTure of ulna bone of. lower half parT and Daulal (PW-1 sTained fracTure of lefT v . 6 : .p .' 6) Page 8 of 18 ' > @ e of \ef’r ‘rhigh. ‘ Dau\c\ have humorous bone and 4*“ & 5*“ mamcar‘pa\ bon Ravi shunkar , e a‘s0 sen? for rid fheir‘ medico—legai injury repor’r is randum ihrough which they Them and gave injury repori has noi been examined during iriai V oc’rar and on ‘rhe basis of n repori was given by the d Makhan & madenT Premin Bai Krishan Kumar had su ~:~ Ramkishun persons did n Premin Bai, ‘1' Ofrher' injured were sem‘ ' xamined wever, Dr, Agarwai, who e Thus, if is esToblished fhm‘ injured Kamlesh & susmined grievous injuries; wi’messas numb! Biau‘vneshwar, Makhan & Krishan Kumar wer' medical examination a no’red in fhe back of memo for medicai examina’rion. Ho b Inspecior Shri Tiwari ((PW-25) has s’ra’red iha’r of ‘examina‘no iished ”that in The same ’rer and Su documen’rs availabie on record I’r is esiab Bhuvneshwar, Ravishankar, siamed Simple hur’rs o’r give any memorandum s’ra‘remeni in his presence nor any recovery was made before The ’ admitted his signa’rur Whereas, Shri R.K. Tiwa have siaied iha‘i accused (PW-1) & Horilai (PW—5) m ”However, he has P 2 to Ex.P#55. ri (PW 25) Sub Inspecfor has staied .“rha’r on the basis of memorandum of fhe accused persons. 5hri 6.5. Oiha (PW—26 ) has also sTaTed Tha on The basi s of Their disclosure sTaTe signafure in The documenfs of Ex P 62 To Ex P reas Sub InspecTor RK. Tiwari (PW‘v proved The above docume Thus from The eVidence of R (PW 26) recoveries of The weapon o e esfablished memorandum of fhe accused persons ar es in the documenis of Ex veries of weapon of offence was made from fhe ac persons cu‘sed The f The accuSed persons and menT iaThi, ioudspeaker FeCO d Guiab Das (PW 8) has also admiffed his denied ThaT The accused pers0ns were inferrog poiice in his presence, whe 25) & G s 03m (PW-26) have memorandum sTaTemenT o recorded eTc. aitere seize A we. -77 Though he has aTed by The nTs and K Tiwari (PW 25) & GS Oiha f offence on The baSis of \ Page 9 of 18 '3' From H16 evidznce of Makhan (PWvé), Bhuvneshwar‘ (PW-7), Ravishcmkar (PW~9), Kripar'am (PW-14), Daulal (PW—16) if has been held ThaT all The accused persons armed wi’rh Icfhi wen‘r To *he place of incidenf wiTh a common objecf of beefing injured wifnesses and causing Their deafh and in fur'fher‘ance of fheir— common objec'r They gave agsaui‘rs by Iafhi To Basam‘a Bai and caused her injuries as a resuh‘ of which she died. They also volunTariiy caused grievous hurf To Kamiesh & Daulal and simpie ‘k‘ , hurfs ‘ro Bhuvneshwar, Rovishankar, Bishna and Kriparam. " V1 9v. Learned counsel appearing on behalf of fhe appellanfs submifrs fha‘f The case of The prosecufion is fhaf fhe ‘village is divided info ‘rwo fac‘rions and The accused persons are The members of bigger facfion,. whereas, complainanf parfy belongs f0 ofher facfion and because of fac‘rional animus all the prominenf members of opposifion camp have been falsely implica‘ied in The above offences Fromgperusalqof The evidence of complainanT Makhan and oTher injuned wiTnesses iT would be evidenT ThaT wiTnesses have Taken Their names simply because They belong To opposiTe facTion. From The posTmorTem reporT of deceased BasanTa Bai iT is clear ThaT she susTained five swelling injuries over differenT parTs of her body and only one of The injury was presenT on The viTal organ of The body l.e. lower porTion of her chesT and ‘cj‘iiuse of deaTh has bee%‘described as shock due To excessive bleeding: as The docTor found blood sTored in her abdomen and rupTure of spleen. One bony injury each caused To Kamlesh & Daulal is on non-viTal parT of The body and oThers have susTained only simple hurTs. Therefore, finding of The Trial courT ThaT The appellanTs armed wiTh laThi eTc. formed an unlawful assembly wiTh a common objecT of‘causing injuries To The complainanT parTy is conTrary To The eviderice available on record: All The appellanTs have noT been named by any of The wiTnesses. ExaminaTion of Premin Bai (PW-4) is noT cjompleTe, as she \~r;\ has noT been subjecTed To cross—examinaTion. 0 Page 10 oi‘ 18 RaviS‘hankar‘ (PW-95 has cafegorically stafed Thqf except four , 1 - persons‘ he does' no? recognize anyone amongsf The adcused persons and if is correc’r To say fhaT only on The basis of suspicion he named oll fhe member's of big pam‘y Sxmnor Is The sfa‘remen‘r of Kamlesh (PW- 10) who has also sfm‘ed Tho? he named other accused persons only on he bGSIs of susplcmn The fmol cour'f has no’r relied upon The ’ fm‘emen’r of Blsano (PW-11) Kamalnar'yonv has alsognof named the ccu‘sed'persons excep’ring Two. Pawan Kumar (PW—£3) is no‘r ‘rhe eyeWifness of fhe incident os he had ran oway from The place of incidenf before arrival of ofher panfy, Kriparam (PW—14) has also sfafed fha‘r he conno‘r fell ’rhe name of all fhe accusw persons and he :has named fhe accused persons only on fhe baSIs of susplcwn Daulal (PW 16) who Is also an mJur‘ed eyewrrness has also made 'omnlbus allegaflon againsf all The accused persons ThaT They assaulTed ' ' hem WITh laThi Hridayram (PW 24) has noT named all The accused persons excepTing Three and he has caTegorically sTaTed‘fhaT he could ' recognize only four persons aT The Time of incidenT and This wiTness *has also admiffed ThaT he has noT WiTnessed The beafing and he laTer 'on came To know ThaT BasnTa Bai had died and he named all The 1 ipersons of big parTy only on suspicion ProsecuTion wuTnesses cannoT be relied as They have admiTTed ThaT They are deliberaTely noT naming The accused persons as They‘ have enTered inTo compromise wuTh some of The accused persons and They have selecTively named The appellanTs Dhaniram Lakhan Bhuvan and RamnaTh ThaT They assaulTed deceased BasanTa Bai WiTh laThi u :.\v s i ‘ :1 Ramkishun (W 1) has caTegorically sTaTed TlhaT accused persons were noT InTerrogaTed in his presence nor any arTIcle was seized form Them. Similarly, Gulabdas (PW-8) has alsol‘sTaTed ThaT Theappellan’r did noT make any sTaTemenT To The police inl his presence and They were made To sign in The memorandums and seizures KeJuram (PW 23) has also denied in his examinafion in-chief ThaT accused persons namely Dhaniram Bhondal 5anTarm, Chhannu, ,,/ " ‘ T s ‘o i l T \ 10. Page 11 of 18 Sakumar‘ KeJu Blsun Ghuruwa Ramchamn & Sadhe were not im‘errogai‘ed m hls presance. He has ca’regor‘lcally sfcn‘ed ThaT fhe occuSed per5o'ns were no’r in the viHag‘e and no’rhing was seized from ‘rheir‘ possession. He has been déclared hosfHe. In The cross- examina’rion a‘so he has denied ‘rhe suggestion ,given by ’rhe posecu‘rion fha’r memorandums & seizures were effecfed in his‘ presence however ‘rhe Trial cour‘r on ’rhe basisof s’rafemenT of Subv , Inspector R K Tlwarl who has conducTed Inves‘rlga’non and has s’rm‘ed #ha‘r he recorded memorandums of The accused persons and recovered gc weapon of offence on xhe bo31s of w‘helr disclosures sfa’remen‘rgos reached fo ’rhe concluswn ’rha’r ‘rhe recovery of weapon of ofKence on ’rhe baSIS of Their memorandums Is es‘rabllshed Recovemes of la‘rh1 whlch ls household ar‘hde ve been made from ’rhe accused persons I n The VINages. 'On ‘rhe ofher hand, learned counsel for The Sfafe supporfing The impugned judgmen’r confended fha’r names of all The accused persons The accused persons Is Tha’r They came To The place of InadenT armed ITh laThI They encircled The field of Blharl where The complatnanT parTy was plowmg & sowmg The fleld They sTarTed closung The curcle 56 Allega'hon agalns’r all are men’rloned m Roznamcha-sanha of Ex P and enSure ThaT no one Is able To flee from There and ThereafTer as soon os The whisTle was blown, They all sTarTed pelTIng sTonesYaT The complamanT parTy ConSIderIng The Tenswn prevalhng In Thelwllage, he‘ police par%¢ was posTed To malnTaIn law & order however loud a speaker was blown so ThoT The pohce parTy presenT ln The camp did DehaTI Nallshl (EXP 56) againsT Shankar Lal Sharma Harakram Sharma Dhaniram Devangan, Laxman Devangan, Ramnarayan Sharma, JeThu Dewongan and Khema Devangan ThaT They assaulTed The complainanT and his wufe BasanTa Bal and his wn‘e was assaulTed even afTer she fell on The ground ComplainanT Makhan has also made \ cmc allegaTIon In hls courT sTaTemenT a ha" . ; noT hear The shouTs and commoTIon There I s spec1flc allegaTIon m The b Dhamram Lakhan n’r r ha W T q , 'l’lQ T 1 Page 12 of 18 Bhuwan & Ramncn‘h assaul‘red Basam‘a Bai wiTh laThi and Susan’ra died on fhe spot because of The above assauHs, His version is corrobora‘red by ‘rhe evidenca of Bhuvneshwar', Ravishankaru Kamlesh, Kamalnar‘ayan, Kr‘iparam & Bisna as also from The medical evidence and posfmom‘em report as all 'The injuries presam‘ over The person of The deceased were caused‘ by hard and blun1' objec’r and injured wi-‘rnesses namely K ‘rishan Kumar & Daulal Susfained grievous hur’rs, whereas, o‘rher witnesses have sus‘rained simple hur‘rs. x: . We have heard learned counsel for ‘rhe parTies. We have perused The record of The Trial courT as also The impugned judgmenTs. .lnce The appellanTs have been convucTed under SecTIons 148 23/149 325/149 &$2/149 we propose To examine The case m hand , wheTher The prosecuTion has been able To esTablIsh The formaTion of unlawful assembly by reliable and cogenT ewdence. . From The case of prosecuTion lTself iT is evidenT ThaT There were Two facTions in The village and There is a hisTory of long drawn enmiTy eTween Two facTions In The above admlTTed premises The evudence f prosecuTIon WiTnesses who have admiTTed Themselves To The member of one facTion needs minuTe scruTlny . Complainanf Makhan (PW 6) gave Informa‘hon in The SAF OuTposT Vide XP-56 and on The basis of which offence was regisTered Vide FIR of EXP—57. This wlTness has sTaTed ThaT on The daTe ofincidenT aT abouT 00 pm when he along wiTh his wife 8i Bhubneshwar Kriparam, Daulal Kamleshwar PaTwari Puranlal and Premin were sowmg The paddy in The field aT ThaT Time persons belonging To big parTy armed WiTh laThi di spear reached There and enCircled The field and JusT fTer The whisTle was blown, They sTarTed pelTing sTones. They did noT geT opporTLiniTy To flee and Therefore, They assembled in The field in one corner In Para-2 he has named Dhaniram Devangan Lakhan Devangan Niya Devangan Ramadheen Devangan Pardhaniya Devangan Guha Devangan Chamru Chamra