HEERALAL RATDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of impugned judgment and order dtd. 31/8/2012 passed by 1st Additional Sessions Judge, Baloda Bazar, Distt. Baloda Bazar in S.T. No. 64/2011 convicting the accused/appellants under Sec. 302 of IPC and sentencing each of them to undergo imprisonment for life and to pay a fine of Rs.500.00 with default stipulations.

(2.) Brief facts of the case are that on account of previous land dispute, on 29-5- 2010 between 1.30 to 3.00 pm, the accused/appellants who are brothers, caused injuries to deceased Anjordas by a club and a carpenter axe as a result of which the deceased suffered multiple injuries on his body and died instantaneously. Merg intimation Ex. P-23 was recorded at the instance of P.W. 13 Dharamlal Ratre. Immediately thereafter FIR Ex. P-24 was lodged by P.W. 13 Dharamlal Ratre against the accused/appellants based on which offence under Sec. 302/34 of IPC was registered. Inquest on the body of the deceased was conducted vide Ex. P-18 on 30/5/2010. The dead body was sent for post mortem which was conducted by P.W. 10 Dr. Rakesh Kumar who vide PM report Ex. P-20 noticed following symptoms/injuries :-

(3.) After investigation, charge sheet was filed against the accused/appellants for the offence punishable under Ss. 302 and Sec. 201/34, IPC and then charges were also framed accordingly.