MADAIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 12.9.2001 passed by Second Additional Sessions Judge (FTC), Bemetara, Distt. Durg (CG) in Session Trial No.273/1992 wherein the said Court convicted all the appellants for commission of offence under Section 304 part I read with 34 of the Indian Penal Code, 1860 and 304 Part I read with 34 IPC and sentenced to undergo rigorous imprisonment for 07 years (two counts) and to pay fine of Rs.1000/- on each count with default stipulation with a direction to run the sentences concurrently.

(2.) During the pendency of appeal, appellant No.1- Madaiya died and his appeal is finally abated. This appeal is being heard and decided for remaining appellants only.

(3.) As per the version of the prosecution, in the village Khamaria, appellant Madaiya (since deceased) hold 11 acres of agricultural land. Over this piece of land, the complainant side claimed joint ownership of one Ramayan on the basis of a will and said Ramayan appointed one Anjor Das as his Power of Attorney. On the date of incident, i.e. 30.01.1992, Anjor Das called labours of his village numbering about 20 and in addition to that he called his nearest relatives and his grand son namely Kishan Kumar and went on the filed. It is alleged that crop was sown by Madaiya in the said field. When Anjor Das and his companions tried to reap the gram in the said field the same was objected by Madaiya, but said Anjor Das did not hear the version of Madaiya. Thereafter the appellants attacked said Anjor Das and his assistant namely Kishan Kumar by club and crow-bar. Anjor Das died on the spot and Kishan Kumar was admitted in the District Hospital, Durg and later on died. Madaiya also received injuries along with his sons. Both parties lodged report at police station. The appellants were charge sheeted and after completion of trial, they have been convicted and sentenced as mentioned above.