BRIJLAL GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 22.12.2000 passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon in Sessions Trial No.143 of 2000, whereby each of the Appellants has been convicted and sentenced as under:

(2.) Prosecution case, in short, is that Appellant No.1 is son of Appellant No.2. Vinod Kumar (PW1) and Rajesh (PW2) are sons of deceased Girwar. The Appellants and the deceased were neighbour and their houses were situated adjacent to each other. On 31.12.1999 at about 5 p.m., the deceased was making a staircase of wood. Since a wood fixed in the roof of the house of the Appellants was obstructing the work of the deceased, he cut the said wood. On this, the Appellants entered the house of the deceased and threatened him of life. After this incident, the deceased went to deposit money in a bank at Gandai. In the evening at about 7:30 p.m., he was returning his village. Allegedly, the Appellants, armed with lathi and irta (a tool in one side of which an iron nail is fixed and during cultivation this tool is used for removing the mud collected over the surface of the plough), were hidden in the way and waiting for the deceased. They assaulted the deceased with the lathi and irta and as a result of which the deceased succumbed. Dehati morgue intimation (Ex.P1) and Dehati First Information Report (Ex.P2) were lodged by Vinod Kumar (PW1). Later on, First Information Report (Ex.P19) was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed. The Trial Court framed charge under Section 302 of the Indian Penal Code.

(3.) To rope in the Appellants, the prosecution examined as many as 8 witnesses. Statements of the Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt, pleaded innocence and false implication. 1 witness was examined in defence.