NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 996 of 2004

1 - Pyare Lal S/o Ram Avatar, Aged About 22 Years Occupation-Agriculture, R/o Karoti, P.S.- Bhaiyathan, District- Surguja (C.G.)

2 - Ramdhari S/o Rambriksha, Aged About 50 Years Occupation-Agriculture, R/o Village-

Chendara, P.S.- Bhaiyathan, District- Surguja (C.G.)

3 - Kapil Dev S/o Ram Avtar, Aged About 20 Years Occupation-Agriculture, R/o Karoti, P.S.- Bhaiyathan, District- Surguja (C.G.)

4 - Mangal Sai S/o Ramdhari, Aged About 25 Years Occupation-Agriculture, R/o Village-

Chendara, P.S.- Bhaiyathan, District- Surguja (C.G.)

5 - Ram Avatar S/o Dheen Das (Died And Deleted) As Per Honble Court Order Dated-12-11-

2024.

6 - Sunder Sai S/o Ramadhari, Aged About 35 Years Occupation-Agriculture, R/o Karoti, P.S.- Bhaiyathan, District- Surguja (C.G.)

7 - (Abated) Dhola Ram (Died) As Per Hon'ble Court Order Dated 24-03-2025.

... Appellants versus

1 - State Of Chhttisgarh, Though P.S.-Jhilmili, District-Sarguja (C.G.)

... Respondent For Petitioner(s) : Mr. Krishnakant Prajapati on behalf of Mr. D. N. Prajapati, Advocate For State : Mr. Ankur Kashyap, Dy. GA Hon’ble Shri Justice Sachin Singh Rajput Judgment on Board

24/03/2025 This appeal under Section 374(2) of Criminal Procedure Code, 1973 (for short Act of CrPC) has been filed by the appellants being aggrieved by the impugned judgment of conviction and order of sentence dated 04.11.2004 passed by the 2^nd Additional Sessions Judge, Surajpur, District Surajpur, CG in Sessions Trial No. 359/03. By the impugned judgment, the appellants have been convicted and sentenced as mentioned below:

2. Prosecution case : On 20.06.2003 at about 6 AM the complainant Sant Lal, along with Rudra Prasad, Nand Lal and Laxmania had gone to the field for sowing paddy. When Laxmania was sitting on the bund, the accused/appellants came there. Accused Pyare Lal tried to restrain them from tilling the field. Accused Pyarelal and Ram Avtar were carrying axe, accused Kapil Deo and Magal Sai were carrying club, accused Ram Dhari and Sunder Sai were carrying crowbar. They restrained Sant Lal, Nand Lal and Rudra Prasad from cultivating the land claiming that to be theirs. In prosecution of common object they started assaulting with crowbar, club and axe carried by them, as a result of which Nand Lal suffered injury on head, left arm, both legs; Sant Lal suffered injury on right arm, left foot, waist and left arm; Rudra Prasad suffered injury on right arm and head whereas Laxmania was also subjected to thrashing with hands and fists. Thereupon, Rudra Prasad rushed to the village and informed him and other villagers about the incident. Injured Nand Lal was brought home. Thereafter, complainant went to the police station and lodged a report against the accused/appellants for the offence under Sections 147, 148, 149 and 307 IPC. After ensuring medical examination of the injured persons and completion of investigation charge- sheet was filed against the appellants under Sections 147, 148, 323/149 twice, 324/149 and 307/149 IPC followed by framing of charge accordingly. The appellants denied the charges and claimed trial.

3. The prosecution examined 17 witnesses in support of its case. Statements of the accused/appellants under Section 313 CrPC were also recorded where they pleaded their innocence and false implication.

4. After hearing the parties, the trial Court convicted and sentenced the accused/appellants as mentioned above. Hence this appeal.

5. Is it relevant to mention here that during the pendency of this appeal accused Ram Avatar and Dhola Ram passed away and t