FOR FINDING AGGRESSOR, ENTIRE INCIDENT MUST BE THOROUGHLY CONSIDERED

Rabia Basaria | Panjab University, Chandigarh | 3rd February 2020

Dashrath @ Jolo & Ors. Vs. State of ChhattisgarhCriminal Appeal Nos.197-198 of 2018

FACTS:-

• Herein:- 

                  PW-14 Chumbai

                  PW-17 Gayatri Bai

                  PW-19 Birichram

                  PW-20 Dilip Kumar Yadav

                  PW-21 Rajesh Yadav

• On 03-08-2008, around 1:30pm PW-19 went to the house of Bhojram for inviting him for the sixth day birth of his child (Chhati).
• The appellants who were neighbours of Bhojram standing in front of their houses and they threatened PW-19 that they will kill him. 
• When PW-19 asked the appellants who were armed not to abuse, the appellants assaulted PW-19.
• PW-14 & PW-17 who were coming towards the spot tried to intervene in the incident.
• At the same time Chhedilal who was also coming towards the spot requested the appellants not to beat PW-19, but the appellants leaving PW-19 started assaulting Chhedilal. Phodal @ Duryodhan crushed the head of Chhedilal by blunt part of the battleaxe.
• At the same time Bhuru @ Parmanand, Bablu, PW-20 and PW-21 also came to the spot and tried to intervene but the appellants assaulted all of them and caused the death of Chhedilal, Bablu and Bhuru @ Parmanand on the spot. PW-19 and PW-20 sustained injuries.
• All the accused were arrested and based on their disclosure statement, battleaxe, kudari and sticks recovered from Dashrath @ Jolo, Jagru @ Mohanlal and Anad and Laxmi respectively. Blood stained clothes also recovered from accused.
• All the seized articles were sent to Forensic Science Laboratory.
• The Trail Court convicted all the eight accused u/s 302 IPC read with section 149 IPC and sentenced them to life time imprisonment. They were also convicted for other offences and sentenced to imprisonment.
• Aggrieved, all the accused filed the appeal before High Court and during the pendency of appeal the accused Phodol @ Duryodhan and Mohanlal died.
• High Court confirmed the conviction and sentence of imprisonment in respect of appellants (herein Dashrath @ Jolo, Anand & Laxmi) imposed upon them by TrialCourt. But High court acquitted the two women accused viz. Dujmati and Triveni Bai.
• For appellants, Learned Counsel’s contention is that the incident took place in front of the house of the appellants where the deceased and accused had gathered for celebration of bith of the child and only act of the accused could only be in their self-defense. Further Learned Counsel also contended that prosecution has not chosen to explain the injuries sustained by appellants.

HELD:-

The court after considering the entire incident found that the Courts below rightly held that complainant party were not aggressors and the act of the appellants was not the act of self-defense.

The court also observed through the judgment of Trial and High Court that injuries sustained by appellants were simple and it is also relevant to note the answers drawn from the doctors that those injuries found on the accused could be self-inflicting. Thereforethe Court held that Trial and High court rightly convicted the appellants and found no ground to interfere.