Ram Prasanna Sharma, J.

1. This acquittal appeal is preferred against the judgment dated 30-6-2010 passed by the Additional Sessions Judge, Sakti, (for short, “the trial Court”) Sessions Division Janjgir-Champa in Sessions Case No. 191 of 2009 wherein the trial Court acquitted the respondents No. 1 to 3 for charges under Section 302 read with Section 34 of the Indian Penal Code, 1860 for committing murder of one Rangilal Rathore on 5-7-2009 at about 7.00 a.m. near canal of village Songuraha, Police Station Baradwar, District Janjgir-Champa (CG).

2. In the present case, name of the deceased is Rangilal Rathore. As per version of prosecution, deceased did not agree to give his land for cultivation to respondents No. 1 to 3 on crop share basis, therefore, there was some dispute. On 5-7-2009 at about 6.30 a.m. deceased went to supervise his land on motor-cycle with his nephew namely Basant Kumar Rathore (PW/12), at the same time respondent No.3 Geeta Prasad Patel armed with axe (Tangi), respondent No.1 Lachchi Ram Patel and respondent No.2 Ghanshyam Patel armed with clubs reached to the field of deceased and assaulted him mercilessly and caused instantaneous death. Basant Kumar