PRASAD PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal, by special leave, arises from the judgment and order of the Chhattisgarh High Court [dtd. 20/2/2019 in Cr. A. No. 178/2013], affirming the conviction recorded, and the sentence imposed, upon the present appellants.

(2.) The State of Chhattisgarh (hereafter "the state") prosecuted the appellants in relation to an incident, leading to the death of one Vrindawan. The prosecution's allegation was that the appellant/accused and Vrindawan, the deceased, were cousins. On the afternoon of 28/2/2012, when the deceased was getting his land levelled through a JCB machine, the appellants reached the place and attacked him. Vrindawan sustained several injuries including head injuries. He was taken to the hospital and was examined by Dr. Bhageshwar Patel (PW11). As serious head injuries were involved Vrindawan was operated upon by Dr. S.N. Madhariya (PW15). However, Vrindawan could not survive and died on 22/3/2012. Dr. S.K. Bagh (PW14) conducted the post-mortem and in his report (Ex. P-28), stated that death was caused by injuries sustained by the deceased on the head.

(3.) The police registered a case under Sec. 302 read with 34 Indian Penal Code (hereafter "IPC") against all accused, based on a first information report (hereafter 'FIR') lodged by Aarti Pradhan (PW1) the deceased Vrindawan's daughter. The FIR (Ex. P-1) alleged that the appellants reached the spot, abused Vrindawan and then assaulted him. The allegation against A-1 Prasad Pradhan was that he was armed with an axe and attacked the deceased on the head. Against A-2 Lingraj Pradhan, the allegation was that he was armed with an axe and had assaulted the deceased on the legs. Regarding the third accused person - Soudagar Pradhan, who is grandson of A-1 and son of A-2, the allegation was that he went to the spot and caught hold of the deceased. Soudagar Pradhan, however, is not an appellant before this court.