DEVNATH NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 12/10/2012 passed by learned Sessions Judge, Raipur in Sessions Trial No. 237/2011 whereby he has been convicted for offence punishable under Sec. 302 of IPC and he has been sentenced to undergo life imprisonment with fine of Rs.1,000.00, in default of payment of fine, further R.I. for one month.

(2.) Case of the prosecution, in brief, is that on 28/07/2011, the appellant herein assaulted Bhagwantinbai Nishad with pickaxe on account of which she suffered grievous injuries and died.

(3.) Further case of the prosecution is that deceased Bhagwantinbai Nishad was married to Pardesiram Nishad (P.W.-5) and they used to stay with father of the deceased at Village Jawa. It is admitted position on record that earlier appellant used to take the land owned by Ramesh Verma (P.W.-13) on lease for the purpose of growing vegetables but in the year 2008, Ramesh Verma (P.W.-13) had given his land to deceased and her husband Pardesiram Nishad (P.W.-5) on lease for three years, on account of which the appellant was unhappy and he used to quarrel with the deceased and her husband and there was enmity between them.