MAHAVIR PRASAD RATHORE Vs. LACHCHHI RAM PATEL

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 30- 6-2010 passed by the Additional Sessions Judge, Sakti, (for short, "the trial Court") Sessions Division Janjgir-Champa in Sessions Case No. 191 of 2009 wherein the trial Court acquitted the respondents No. 1 to 3 for charges under Section 302 read with Section 34 of the Indian Penal Code, 1860 for committing murder of one Rangilal Rathore on 5-7-2009 at about 7.00 a.m near canal of village Songuraha, Police Station Baradwar, District Janjgir-Champa (CG).

(2.) In the present case, name of the deceased is Rangilal Rathore. As per version of prosecution, deceased did not agree to give his land for cultivation to respondents No. 1 to 3 on crop share basis, therefore, there was some dispute. On 5-7-2009 at about 6.30 a.m. deceased went to supervise his land on motor-cycle with his nephew namely Basant Kumar Rathore (PW/12), at the same time respondent No.3 Geeta Prasad Patel armed with axe (Tangi), respondent No.1 Lachchi Ram Patel and respondent No.2 Ghanshyam Patel armed with clubs reached to the field of deceased and assaulted him mercilessly and caused instantaneous death. Basant Kumar Rathore (PW/12), who is sole eye-witness of the incident, anyhow managed to escape from the field and informed about the incident to Mahavir Prasa Rathore (PW/11) who is son of the deceased. The matter was reported to Police Station Baradwar by Mahavir Prasad Rathore (PW/11) just after the incident naming all three respondents No.1 to 3 as culprits. After completion of investigation charge-sheet was filed against the respondents No. 1 to 3. Respondents did not plead guilty, therefore, trial was conducted. After examination of prosecution witnesses, statements of respondents No. 1 to 3 under Section 313 of Cr.P.C., were recorded and after hearing both the parties, the trial Court acquitted all the respondents No. 1 to 3 as mentioned above.

(3.) Learned counsel for the appellant submits as under: