HETRAM CHANDRA Vs. STATE OF CHHATTISGARH S/O

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 27.12.2014 passed by the learned Additional Sessions Judge, Sarangarh, District Raigarh in S.T. No.6/14 convicting the accused/appellants under Section 302/34, 307/34 & 323/34 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to RI for life with fine of Rs. 1,000/-; RI for 7 years with fine of Rs. 500/- and fine of Rs. 200/-, with usual default clauses, respectively.

(2.) In the present case name of the deceased is Sampatlal, whereas injured is Laxman (PW-1).

(3.) The prosecution story, in brief, is that there was an old land related dispute between the appellants and the deceased. On 17.11.2013 at 10.35 a.m. FIR (Ex.P-1) was lodged by Laxman (PW-1) alleging in it that on that day when he along with his father Sampatlal and wife Leelawati was cutting the crop in his field, the accused persons came there carrying clubs in their hands, asked the deceased not to cut the crop and when his father said that as they have sown the crop, they will cut the same. On this, the accused persons started assaulting the deceased by club which they were carrying as a result of which he died on the spot. When Laxman (PW-1) tried to intervene, the accused persons had also caused injuries to said Laxman (PW-1) and his wife Leelawati (not examined). Based on this FIR, the offence punishable under Sections 302, 307, 34 of IPC was registered against the accused persons and one juvenile Dhaneshwar. Inquest (Ex.P-3) was prepared over the body of deceased on 17.11.201 Body was sent for post-mortem examination which was conducted by Dr. J.R. Dhritlahare (PW-24) and he noticed following injuries on the body of deceased;-