RAMNATH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Four appellants before us namely Ramnath Yadav, Seetaram Yadav, Anil Kumar Yadav and Shobhnath Yadav have been convicted vide impugned judgment dated 12.8.2016 passed by learned Additional Sessions Judge, Ramanujganj (CG) in ST No. 33/2007, under Section 302/34 of IPC for committing murder of deceased Shivbaran @ Mahabir as also under Section 323 and 323/34 of IPC for causing simple injuries to injured Prabhu Prasad Yadav (PW-2) and Murti Bai (PW-1).

(3.) Both the parties are descendants of common ancestor Prakash Yadav. There was a dispute between four sons of Prakash Yadav concerning partition of Manwar land which the family owned. After the partition, a dispute subsisted over a particular piece of land, which both the parties were claiming to have received in partition and every year a dispute used to arose at the time of sowing and thereafter, reaping of the harvest. In this backdrop, the incident happened at about 10:00 AM on 31.10.2006. It is alleged that the victim party were reaping the harvest when the members of the opposite party reached over there and started assaulting Murti Bai (PW-1), thereafter, her husband Prabhu Prasad (PW-2) and then, their son Shivbaran @ Mahabir. Shivbaran fell unconscious on account of the injuries and was taken to the hospital where he succumbed to death.