For a murder conviction, the prosecution must prove beyond reasonable doubt that the death was homicidal, which involves establishing the causal connection to the accused, a requirement not met in this case.

Judgment :

Rajani Dubey, J.

1. Challenge in this appeal is the legality and validity of the judgment of conviction and order of sentence dated 10^th September, 2013 passed by the Sessions Judge, Kabirdham (Kawardha) in ST No.46/2011 whereby each of the appellants stands convicted under Sections 147, 148, 341, 323, 506B and 302 read with Section 149 of IPC and sentenced as under:

All the sentences were directed to run concurrently.

02. Case of the prosecution, in brief, is that on 7.5.2011 at 21:05 hours complainant Ishwar Patle lodged a report at Police Chowki- Damapur that he is an elected panch of Ward No.12 at Village- Girdharikanpa and in the past when panchayat election was conducted his opponent Narendra Banjare lost by four votes. Since then Narendra Banjare and his family members and relatives nourished animosity against the complainant and his relatives and threaten them of taking revenge of this defeat. On 7.5.2011 there was marriage of his niece and he along with his younger brother Bhagwat had gone to Kunda market on motorcycle for buying DTH. His nephew Manmohan and son-in-law Daulat also went on another motorcycle with him. After making purchase, all of them were returning to their house. However, at about 6.30 when they reached in front of house of Suresh Banjare, they saw Anendra, Sundar, Ganesh, Gambhir, Saheb, Suresh, Gyani and Santosh sitting there with club and stick in their hands. They wrongfully restrained the complainant party on the way and started assaulting them with intention to kill them. However, they somehow escaped from there and went to the house of their cousin Pukal. Seeing their condition, his elder brother Kirtam and other relatives reached near the house. At that time, Hemlal, Rajesh, Deenu, Matuk, Manoj, Asharam, Tekram, Kuleshwar, Gangu, Rekhchand, Kalam, Sadhe and Narendra also reached there with club and stick and they started beating the family members of the complainant party. As a result of this, Kirtam sustained injury over his left temporal region, hands and other parts of the body, he fell unconscious and died whereas Bhagwat, Horilal, Urendra and Bhagbali also suffered injuries.

03. During investigation, inquest over the dead body was performed vide Ex.P/9A. The injured persons were got medically examined vide Ex.P/53 to P/57; spot maps (Ex.P/6 & P/7) were prepared; memorandum statements of the accused persons were recorded and at their instance, the clubs used in commission of the offence were seized vide Ex.P/10 to P/50. Statements of the witnesses were recorded and seized articles were sent to FSL for chemical examination from where report Ex.P/59 was obtained. After completing formal investigation charge sheet was filed against the accused persons under Sections 147, 148, 149, 294, 323, 506B, 341, 302 of IPC. Learned trial Court framed charges under Sections 147, 148, 294, 323 (on five counts), 506B, 341 and 302 read with Section 149 of IPC against the accused persons which were abjured by them and they prayed for trial.

04. In order to bring home the charges, the prosecution examined 17 witnesses in all. Statements of the accused persons were recorded under Section 313 of CrPC wherein they denied all the incriminating circumstances appearing against them in the prosecution case, p