GHEENURAM LEKAMI RAUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. This criminal appeal preferred by the appellants under Sec. 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dtd. 06/03/2020 passed by the Additional Sessions Judge, Special Court (Naxal), Dantewada, District South Bastar Dantewada, C.G. in Sessions Trial No.235/2017 whereby the appellants have been convicted under Sec. 323/34 IPC (two times) and under Sec. 302/34 IPC and sentenced to undergo R.I. for 1 Year, R.I. for 6 months and Life Imprisonment with usual default stipulations.

(2.) The prosecution case, in brief, is that on 01/05/2017 the accused Gheenuram Lekami Raut @ Gheenuram Yadav (A/1) was leveling a land with help of hired tractors which originally belong to Sukhlal Yadav (PW-10) which was objected by Sukhlal Yadav (PW-10), Sobilal, the deceased and Smt. Sulo Bai (PW-4) claiming that the land belong to them. The drivers of tractor which was being used for leveling the field were threatened, due to which they stopped the work of leveling the said field. Offended by the fact that the tractors has been stopped from working, Gheenuram Lekami Raut @ Gheenuram Yadav (A/1) and Devendra Yadav (A/2) came to the place of incident wherein some altercation took place between deceased and his allies. Thereafter accused asked both the tractor drivers to continue the leveling the field. Subsequently, the dispute got even more aggravated and the appellants/accused came armed with an iron rod and wooden plank and assaulted Sobilal Yadav (deceased) on his head and Sukhlal Yadav (PW10) & Smt. Sulo Bai (PW-4). The injured persons were thereafter referred to the doctor. The doctor on the primary opinion came to a conclusion that the injury was grievous in nature and referred for treatment to the higher center. Subsequently, after few days Sobilal Yadav (deceased) succumbed to such injury and the dead body when was subjected to postmortem the nature of death was reported to be homicidal.

(3.) The police after recording the statement of the witnesses filed the charge-sheet before the Court.