SHANKAR PRASAD KANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 25-1-2011 passed by 4th Additional Sessions Judge (FTC), Ambikapur (CG) in Sessions Trial No. 531 of 2009 wherein the said Court has convicted the appellants for commission of offence under Section 307 read with Section 34 of the IPC and sentenced them to undergo rigorous imprisonment for seven years and to pay fine of Rs.500/- each with default stipulation.

(2.) In the present case, name of the victim is Kailash Kanwar who is brother of both appellants. As per version of prosecution, on 15-7-2009 at about 1.00 pm when victim Kailash (PW/2) went to the appellants for informing some trivial issue and for taking care of their children, appellant Shankar Prasad Kanwar came with spade and assaulted him multiple times on his head and appellant Mahajan also came with one stick of axe and assaulted Kailash on his back. When wife of Kailash namely Shiv Kumari (PW/1) made hue and cry for rescue, some persons reached to the spot. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced them as aforementioned.

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