RAJESH TANDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved by the Judgment, dtd. 5/12/2023 passed by the High Court of Chhattisgarh, Bilaspur in Criminal Appeal No.804/2016 with Criminal Appeal No.1083/2016 insofar as the conviction under Sec. 323 and Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (for short "IPC"), the Appellant has preferred this Appeal.

(3.) Briefly stated, the facts of the case are that on 7/3/2015 at approximately 4:30 p.m., in front of Santoshi Mata Mandir in Motilal Nagar, Kota under Police Station Saraswati Nagar, District Raipur, Tarachand Nayak, the deceased was on his way to the nearby Sulabh Complex when the four Accused persons namely Rajesh Tandi ("Accused No.1" or "Appellant"), Rajesh Kshatri ("Accused No.2"), Kundan Kumar Sharma ("Accused No.3") and Trinath Baghel ("Accused No.4"), who had been hiding near the Temple, attacked the deceased over an old dispute. They allegedly assaulted him with a Sword and a Wooden Stick, causing fatal injuries to his head, legs, and chest. When Pinky Nayak (deceased's wife) tried to intervene, the Appellant herein slapped her. She raised an alarm, drawing the attention of Lata Baghel (PW11), at which point all the Accused persons fled the scene. Pinky Nayak then called an ambulance, and the deceased was taken to the Hospital, where he died during treatment.