SHANKAR AND OTHERS Vs. STATE OF C.G.

JUDGEMENT

(1.) The aforesaid criminal appeals are being disposed of by this common judgment as these appeals are directed against the judgment of conviction and order of sentence dated 17th January, 2003 passed in S.T.No. 129/01, whereby learned Additional Sessions Judge, Janjgir, Distt Bilaspur has convicted and sentenced each of the appellants as under: <FRM>JUDGEMENT_71_LAWS(CHH)9_2010_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 25th January, 2001 at about 8 am, when complainant Sarswatibai was casting cow dung cake in her land, appellant Santosh brought earth in his tractor and unloaded on her land and on being objected, all the accused persons armed with axe and lathi reached there and assaulted Samundram, Bedbai, Tularam, Ramadhar, Bhagvat, Heminbai and Sarswatibai and caused them injuries. Samundram died on the way while he was being taken to hospital. Report of the incident was lodged by Sarswatibai at 10 am against the appellants.

(3.) After completing investigation, charge sheet was filed against the appellants in the Court of Judicial Magistrate First Class, Janjgir, who, in turn, committed the case to the Court of Sessions Judge, Bilaspur and the same was received on transfer for trial by the learned Additional Sessions Judge.