HUNGA KAWASI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Sec. 374(2) has been filed by the appellants against the judgment of conviction and order of sentence dtd. 30/11/2019 passed by the learned 2nd Additional Sessions Judge, Jagdalpur, District- Bastar in Sessions Trial No. 80/2018 whereby the appellants stand convicted and sentenced as under:-

(2.) Case of the prosecution is that on 17/8/2018, the complainantPojje Markam along with her husband Gangaram Markam (deceased) and son Sukhram were drinking country-made liquor. At that time, 4 accused/appellants namely Hunga Kawasi, Sonu Kawasi, Budra Kawasi and Jholu Kawasi came there and called the deceased Gangaram as previous land dispute was existing between them. The allegation is that the deceased occupied the field forcefully belonged to the accused. The appellants dragged the deceased and took him towards one canal named Silkajhodi. At that time, the complainant went out to save her husband, thereafter all the accused took the deceased to the field and she saw that they assaulted the deceased by way of an axe turn by turn. She tried to intervene and requested not to kill, however, they did not accede to it and instead complainant and her son were threatened that if she does not leave the place, she would also be eliminated. After killing the deceased, they dragged the dead body and threw it into the canal which was seen by the wife and son. Merg intimation was registered on 18/8/2018 at the instance of wife of the deceased and based on the merg, the FIR was registered at Police Station- Darbha on the same day under Ss. 302, 201, 34 and 506-B of IPC. Thereafter, the dead body was recovered and was subjected to postmortem. After arrest of the accused/appellants, on the basis of their memorandum statements, the weapon was seized. The statements of the eye-witnesses were recorded and charge-sheet was filed.

(3.) During the course of trial, the prosecution had examined as many as 17 witnesses and exhibited 38 documents. The appellants abjured their guilt and claimed to be tried.