JUDGMENT :

S. RAVINDRA BHAT, J.

1. This appeal, by special leave, arises from the judgment and order of the Chhattisgarh High Court¹[Dated 20.02.2019 in Cr. A. No. 178/2013], affirming the conviction recorded, and the sentence imposed, upon the present appellants.

2. The State of Chhattisgarh (hereafter “the state”) prosecuted the appellants in relation to an incident, leading to the death of one Vrindawan. The prosecution’s allegation was that the appellant/accused and Vrindawan, the deceased, were cousins. On the afternoon of 28.02.2012, when the deceased was getting his land levelled through a JCB machine, the appellants reached the place and attacked him. Vrindawan sustained several injuries including head injuries.

He was taken to the hospital and was examined by Dr. Bhageshwar Patel (PW11). As serious head injuries were involved Vrindawan was operated upon by Dr. S.N. Madhariya (PW15). However, Vrindawan could not survive and died on 22.03.2012. Dr. S.K. Bagh (PW14) conducted the post-mortem and in his report (Ex. P-28), stated that death was caused by injuries sustained by the deceased on the head.

3. The police registered a case under Section 302 read with 34 Indian Penal Code (