(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by learned 1st Additional Sessions Judge, Surajpur in Sessions Trial No.403/11 dated 31.01.2013, whereby the appellants have been convicted under Section 302/34, IPC and sentenced to undergo life imprisonment and to pay fine of Rs.50/-, each, with usual default stipulation.
(2.) The facts of this, in brief, are that on the date of incident i.e. 23.06.2011, when deceased Gulzara was taking rest after having meals at about 8 p.m., in the night, his father Jagjeet Ram (A1), his mother Dashmet (A3) and his brother Thanu Ram (A2) came to his resident disputing on account of some dispute of partition of lands and the altercation took place in between them. Jagjeet Ram (A1) caught hold of the deceased Guljara and brought him to the courtyard of the house, where Thanu Ram (A2) caught hold of his feet and let him fell down on the ground. Appellant No.3 was carrying an axe, main appellant Jagjeet Ram snatched the axe from appellant No.3 and assaulted the deceased on his head, causing injuries to him. Deceased was immediately shifted to the hospital in Odgi, he succumbed to injuries during the course of treatment. Merg intimation was recorded at 15.30 a.m., on 24.06.2011. Inquest procedure was conducted vide Ex. P-3 and on the basis of the inquest report, the FIR (Ex. P-6) was lodged on 24.06.2011 at 9.10 a.m. The Post-mortem examination report (Ex. P-9) revealed that the cause of death was head injury which resulted into coma of the deceased. The statement of witnesses were recorded and on completion of investigation, the charge sheet was filed before the concerned trial Court.
(3.) The trial Court charged the appellants under Section 302/34 of the I.P.C. and the appellants pleaded in denial and prayed for trial. Prosecution on its behalf has examined six witnesses. On examination under Section 313, Cr.P.C. the appellants denied all the incriminating evidence against them and pleaded innocence & false implication. No witness was examined in defense. On completion of trial, the impugned judgment was passed in which the appellants stand convicted and sentenced as mentioned hereinabove.