MANGAL BAIGA Vs. STATE OF C.G.

JUDGEMENT

(1.) Criminal Appeal No. 535/2005 filed by appellant-Mangal Baiga & Criminal Appeal No. 1241/2003 filed by appellants-Mangilal and Bhaira @ Mahadeo have been filed against the same offence decided by different Session Trial Nos. 3/2004 & 3/2003 vide judgment dated 30/3/2005 & 13/10/2003, therefore, they are being disposed of by this common judgment.

(2.) In criminal appeal No. 535/2005 appellant - Mangal Baiga has challenged the legality and propriety of judgment of conviction and order of sentence dated 30/3/2005 passed by Additional Sessions Judge (F.T.C.) Kawardha in Sessions Trial No. 3/2004 whereby learned Additional Session Judge after holding the appellant guilty for the commission of culpable homicide amounting to murder of deceased Nainsingh and endangering the life of Budhan Singh and Budhwaro Bai in sharing common intention the appellant convicted under Section 302 read with Section 34 and under Section 336 of the Indian Penal tode and sentenced rigorous imprisonment for life and fine of Rs. 200/- in default 3 months additional rigorous imprisonment and rigorous imprisonment for 3 months. In criminal appeal No. 1241 /2003 appellants - Mangilal and Bhaira @ Mahadeo have also challenged the legality and propriety of judgment of conviction and order of sentence dated 13/10/2003 passed by Additional Sessions Judge (F.T.C.) Kawardha in Sessions Trial No. 3/2003 whereby learned Additional Session Judge after holding the appellants guilty for the commission of culpable homicide amounting to murder of deceased Nainsingh and endangering the life of Budhan Singh and Budhwaro Bai in sharing common intention the appellants convicted under Section 302 and under Section 336 of the Indian Penal Code and sentenced imprisonment for life and rigorous imprisonment for 3 months.

(3.) The conviction is impugned on the ground that without any iota of evidence court below has convicted and sentenced the appellants aforementioned and thereby committed an illegality.