NELKANTH Vs. STATE OF C G

JUDGEMENT

(1.) Since the aforesaid two criminal appeals are arising out of the common judgment of conviction & order of sentence dated 26-9-2003 passed by the 5th Additional Sessions Judge, Durg in Sessions Trial No.249/2002, they are being disposed of by this common judgment.

(2.) Challenge in these appeals is to the judgment of conviction & order of sentence dated 26-9-2003 passed by the 5th Additional Sessions Judge, Durg in Sessions Trial No.249/2002, whereby & whereunder learned Additional Sessions Judge after holding appellants Neelkanth & Hiralal Dewangan guilty for commission of culpable homicide amounting to murder of Girija Bai, convicted them under Section 302 of the I.P.C. and sentenced each of them to undergo imprisonment for life & pay fine of Rs.500/-, in default of payment of fine to further undergo R.I. for three months.

(3.) Conviction is impugned on the ground that without any iota of evidence the Court below has convicted & sentenced the appellants as aforementioned.