ARJUN AND ANR. ETC. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals arise out of the judgment and order dated 30.08.2013 passed by the High Court of Chhattisgarh in Criminal Appeal Nos.111 of 2008 and 100 of 2008 whereby the High Court affirmed the conviction and sentence of life imprisonment imposed by the trial Court on the appellants.

(2.) Briefly stated case of the prosecution is that on 19.11.2006 at about 9:45 a.m., deceased Ayodhya Prasad @ Rahasu had gone to his field along with Bajrang Manjhi (PW-1), Borri Verma (PW-2), Gilli Raout (PW-7) and Makunda Raout (PW-8) to cut tree with the help of the above persons which was on his land in village Ghatmadwa. At that time, the appellants-accused came to the field and they stopped the deceased and his labourers from cutting the tree. Deceased Ayodhya Prasad @ Rahasu told the appellants that he was the owner of the tree, therefore, he was cutting the tree which resulted in quarrel between the parties. The appellants assaulted the deceased with katta, gandasa and stone. The deceased fell down and sustained injuries on his head and his brain matter came out. He was taken to Bilaspur for treatment but he died on the way to the hospital.

(3.) Shivprasad (PW-6), brother of the deceased lodged the complaint in Police Outpost Gidhouri. Based on the complaint, FIR (Ex.P-16) was registered in Police Station Bilaigarh. PW-10, the Investigating Officer reached the place of occurrence and took up the investigation. After the inquest, the body was sent for autopsy. The post-mortem was conducted by Dr. Harnath Verma (PW-12) who gave the Post Mortem Report (Ex.P-26). Dr. Verma opined that the death of the deceased was due to excessive haemorrhage and injury to the head.