IMPORTANT POINT
Fact of witness being related to victim or deceased does not by itself discredit evidence.

JUDGMENT

R. Banumathi, J.

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 alongwith 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.

4. PW-10, the Investigating Officer arrested the appellants from the Gidhouri Bus Stand and recorded their statements under Section 27 of the Evidence Act. Disclosure statement of the appellants led to the discovery of iron katta (cutting object), gandasa and stone weighing 12.5 kg which were seized from Lalaram @ Bhagat, Arjun and Padumlal respectively. Sando baniyan and full-pant of appellant Lalaram @ Bhagat were also seized. Seized articles were sent to Forensic Science Laboratory, Raipur for chemical examination vide Ex.P-23. After completion of the investigation, chargesheet was filed against the appellants in the Court of Judicial Magistrate, First Class Balodabazar, who, in turn, committed the case to the Court of Session, Raipur, from where it was received on transfer by Second Additional Sessions Judge, Balodabazar, District Raipur, who conducted the trial.

5. In order to prove its case, prosecution examined as many as twelve witnesses. Bajrang Manjhi (PW-1), Borri Verma (PW-2), Gilli Raout (PW-7) and Makunda Raout (PW-8) are the eye-witnesses, PW-6 Shivprasad is the complainant and brother of the deceased Rahasu. Constable Gandlal (PW-4), Constable M.R. Sinha (PW-9) and Constable Bhojram (PW-11) were involved in recording the statement and collection of evidence, PW-10 Deen Bandhu Uaikey is the Investigating Officer and PW-12 Dr. Harnath Verma is the doctor who conducted the post-mortem. The accused were questioned under Section 313 Cr.P.C about the incriminating evidence and circumstances, the accused denied all of them. The accused pleaded that the deceased Ayodhya Prasad attempted to take possession of the land of the accused by force and, therefore, they acted in self-defence of their body and property. To substantiate their defence plea, the accused have examined DW-1 Shrawan Kumar and DW-2 Dwarika Prasad.

6. Having considered the evidence of the witnesses and the defence plea and the material placed before it, the trial court held that the appellants acted with common intention to commit the murder of deceased Ayodhya Prasad and found that the prosecution has proved the guilt of the accused beyond reasonable doubt and convicted the appellants under Section 302 IPC or 302/34 IPC and sentenced each of them to undergo imprisonment for life and