SUNNY KHANNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals arise out of judgment dated 17th November, 2014 passed by the High Court of Chhattisgarh at Bilaspur in and by which the High Court has affirmed the conviction of the appellants under Section 302 I.P.C. read with Section 34 I.P.C. for the death/murder of deceased-Irfan @ Golu. So far as the death/murder of Anil Chandrakar, the High Court has altered the conviction of the appellants from Section 302 I.P.C. to Section 307 I.P.C. read with Section 34 I.P.C. and sentenced them to undergo imprisonment for seven years.

(2.) Case of the prosecution is that on 21st March, 2008 at about 10.30 pm deceased-Irfan @ Golu and decased-Anil Chandrakar were present near Holika dahan. An altercation took place between deceased Irfan @ Golu and Chotu which resulted in heated arguments. Thereafter, both the appellants Sunny Khanna and Pradeep Singh @ Jugu caught hold of the deceased - Irfan @ Golu and the juvenile accused Chotu inflicted stabbed injuries twice on abdomen and right elbow and Irfan @ Golu fell down. At that time second deceased-Anil Chandrakar rushed to save Irfan @ Golu and then both the appellants are alleged to have caught hold of him and juvenile accused Chotu assaulted him by knife and caused injuries. Complainant-Aavez Khan (PW-1) took the deceased persons to hospital where deceased Irfan @ Golu was declared dead. Deceased-Anil Chandrakar also succumbed to injuries on 13th April, 2008 i.e. twenty days after the incident. After completion of the investigation, a chargesheet was filed against the accused under Section 302 I.P.C. read with Section 34 I.P.C. on two counts.

(3.) Upon consideration of the evidence of Salim Khan (PW-10) and also Aavez Khan (PW-1), the Trial Court vide judgment dated 24th January, 2009 convicted the appellants-accused under Section 302 I.P.C. read with Section 34 I.P.C. for causing murder of both the deceased - Irfan Khan @ Golu and Anil Chandrakar, and sentenced them to undergo life imprisonment.