SARADHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 19.03.1999 passed by Second Additional Sessions Judge, Balodabazar, District- Raipur (C.G.) in Session Trial No. 439/1996, wherein the said court convicted all the appellants for commission of offence under Sections 307/34 & 323/34 of IPC, 1860 and sentenced to undergo R.I. for 10 years and fine of Rs. 1000/- & R.I. for 6 months respectively each with further default stipulations. During pendency of this appeal, appellant No. 1- Saradhu died and his appeal is finally abated. Now the appeal is posted for hearing for rest of three appellants.

(2.) As per version of the prosecution, all the appellants assaulted Rohit & Neerabai on 13.03.1996 at about 4:00 p.m. at Village-Bijradih that is why the matter was investigated, the appellants were charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under:-