SANJAY KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 18.10.2003 passed by Third Additional Sessions Judge (FTC), Mungeli Distt. Bilaspur (CG) in Session Trial No.202/1999 wherein the said Court convicted both the appellants for commission of offence under Sections 341 and 307 read with 34 of the Indian Penal Code, 1860 and sentenced them to undergo rigorous imprisonment for 01 month and to pay fine of 200/- and RI for 07 years and to pay fine of Rs.2000/- respectively with default stipulation.

(2.) During the pendency of the appeal, appellant Sanjay Kumar died and appeal filed by him is finally abated. This appeal is being heard with regard to remaining appellants.

(3.) In the present case name of the victim is Bhagvat. As per the version of the prosecution, on 10.3.1999 at about 5.00 pm near the bridge of village Parsakapa when victim Bhagwat was returning from Katili market, he was restrained by the appellants, they assaulted him by barchi (iron made sharp object) and knife as a result of which he sustained fatal injuries. FIR was lodged and the matter was investigated. After completion of the trial, both the appellants have been convicted as mentioned above.