DASHRATH @ JOLO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of the judgment dated 13.05.2014 passed by the High Court of Chhattisgarh dismissing the criminal appeal Nos.598-99/2009 thereby confirming the conviction and sentence passed by the trial court.

(3.) Briefly stated case of the prosecution is that, on 03.08.2008 at about 1.30 p.m., PW-19-Birichram went to the house of one Bhojram for inviting him for the sixth day birth of his child (chhati). The appellants who are neighbours of Bhojram and were standing in front of their houses, threatened PW-19 that they will kill him. When PW-19 asked the appellants not to abuse, appellant Dashrath @ Jolo who was having battleaxe along with one Phodol @ Duryodhan (since dead) who was also having battleaxe and one Jagru (since dead) who was holding kudari and some others who were holding sticks, assaulted PW-19. PW-14-Chumbai and PW-17-Gayatri Bai who were coming towards the spot tried to intervene in the incident. At the same time, deceased Chhedilal who was also coming towards his field requested the appellants not to beat PW-19; but the appellants leaving PW-19, started assaulting Chhedilal. Phodol @ Duryodhan (since dead) crushed the head of Chhedilal by blunt part of battleaxe. At the same time, deceased Bhuru @ Parmanand, deceased Bablu, PW-20-Dilip Kumar Yadav and PW-21-Rajesh Yadav also came to the spot one by one 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-Birichram and PW-20-Dilip Kumar Yadav sustained injuries.