ROVAN RAM AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The three appellants stand convicted under Section 302/34 I.P.C to life imprisonment along with fine of Rs.1000/- falling which they shall have to undergo further six months imprisonment, by the Sessions Judge, Sarguja (Ambikapur), Chhattisgarh on 06.07.2009 in Sessions Trial No. 261 of 2009 for causing death of one Dhansai, the own brother of appellant 1 and 2.

(2.) The allegations were that a property dispute between them led to an assault on the deceased by the appellants at the latter's house on 30.03.2009 at 1:00 pm while he was sitting with his wife Smt. Vidyawati, PW 1. Appellant No. 1 assaulted the deceased on his head with a "Tangi"while appellant No. 2 assaulted him with a "Genda" and appellant No. 3 assaulted with pebbles. The deceased snatched the "Tangi" from appellant No.1 and assaulted the latter causing injuries. The appellants attempted to assault PW 1, Smt. Vidyawati, but she ran away to the house of the husband of the Sarpanch named Naiharsai, PW 3 to look for help. Marg No. 14 of 2009 was recorded in Udaipur P.S and the F.I.R was registered on 30.03.2009 at 5:00 pm as Udaipur P.S. Case No. 62 of 2009.

(3.) The body of the deceased was sent for postmortem on 30.03.2009 itself conducted by Dr. B.R. Kamre, PW 2. The Doctor opined that the death was homicidal in nature approximately 18 to 22 hours earlier caused due to cerebral hemorrhage occasioned by head injury observing multiple lacerated and stab wound 3\" x 2\" on the head occipital region, contusion on both sides of the forehead and lacerated wound in the right ring finger as also multiple contusion in back horizontal shape.