KONDI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the aforesaid three criminal appeals are arising out of the same judgment of conviction & order of sentence dated 21-12-2005 passed by the 1st Additional Sessions Judge, Mahasamund, in Sessions Trial No. 423/2003, they are being disposed of by this common judgment.

(2.) Challenge in these three criminal appeals is to the judgment of conviction & Order of sentence dated 21-12-2005 passed by the 1st Additional Sessions Judge, Mahasamund, in Sessions Trial No. 423/ 2003, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for commission of offence of formation of unlawful assembly having its common object of culpable homicide amounting to murder of Ranjeet and attempt to commit murder of Nagi Bai after committing criminal house breaking by night, armed with deadly weapons; convicted the appellants under Sections 148, 302 read with Sections 149, 307 read with Sections 149 & 460 of the I.P.C. and sentenced each of them to undergo R.I. for two years & pay fine of Rs. 1,000/- in default of payment of fine to further undergo R.I. for one month; to undergo imprisonment for life & pay fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for five months; to undergo R.I. for seven years & pay fine of Rs. 3,000/- in default of payment of fine to further undergo R.I. for three months and to undergo R.I. for ten years & pay fine of Rs. 2,000/- in default of payment of fine to further undergo R.I. for two months, respectively.

(3.) Conviction is impugned on the ground that without any iota of evidence, especially constitution of unlawful assembly with common object of commission of murder of Ranjeet and attempt to commit murder of Nagi Bai, the trial Court has convicted and sentenced the appellants and thereby committed illegality.