DANDUL @ PARSAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has been convicted for committing murder of deceased Radhe Yadav, the real brother of accused No.2 Panditram Yadav, who has also been convicted by the impugned judgment, but has not preferred any appeal.

(2.) The incident occurred on 5.3.2011 at about 11:30 am. According to the prosecution, the accused persons inflicted injuries over the parietal and mandible region of the deceased by means of club. The motive for commission of murder is the subsisting land dispute between the deceased and accused No.2. Since eye-witness PW-9 Dhansingh has turned hostile, the appellant's conviction is based on circumstantial evidence in the nature of seizure of club and the statements of PW-2 Suresh Yadav ; PW-5 Dr. Ashishan Kumar Minj, Medical Officer, who conducted the postmortem; I.O. as well as PW-10 Shahid Ram, who is the witness to the Panchnama, dead body inquest and memorandum statement of the appellant and consequent seizure of club.

(3.) In the absence of learned counsel for the appellant, we have heard learned counsel for the State at length and perused the record.