MAHESH RAM @ PARDESHI Vs. STATE OF C G

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. in short) against the judgment dated 28.12.2011 passed by the Sessions Judge, Mahasamund, in Sessions Trial No. 17/2011 whereby the appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_76_LAWS(CHH)2_2018_1.html</FRM>

(2.) In the present case, it is not disputed that the deceased Rohit Kurre and appellant No.1 Mahesh Ram are real brothers and Janki Bai, who has lodged the report, is their mother.

(3.) Case of the prosecution, in short, is that on 24.12.2010 at 4.00 pm, a quarrel took place between the two brothers, namely Rohit and Mahesh Ram Kurre with regard to removal of log placed by the deceased Rohit in the orchard (Baadi) of Mahesh Ram. It is alleged that on fateful day, when the deceased came out towards lane, by abusing filthy language, the appellant Mahesh came along with his two sons, namely Narsingh and Hiraram (appellants No. 2 & 3 respectively) with wooden stick (pick-axe) and started beating the deceased. Further prosecution story is that the appellant Mahesh assaulted the deceased with wooden stick of pick axe (xSrh) while his two sons, with their hands and fists, as a result of which, the deceased Rohit Kurre received multiple injuries and expired on the spot.