RAMADHAR NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction & order of sentence dated 30.04.2007 passed by the Third Additional Sessions Judge, Raipur, in Sessions Trial No. 408/2006, whereby & whereunder learned Third Additional Sessions Judge after holding the appellants guilty for commission of culpable homicide amounting to murder of Dashrath and attempt to commit murder of GautamBai and Mahesh in sharing common intention convicted them under Sections 302/34 and 307/34 of the I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 1000.00, in default of payment of fine to further undergo R.I. for three moths and R.I for five years and fine of Rs. 500.00, in default of payment of fine to further undergo R.I. for two months for each attempt to commit murder.

(2.) CONVICTION is impugned on the ground that without there being any lota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) STATEMENTS of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short 'Code') and after completion of investigation, charge sheet was filed in the Court of Additional Chief Judicial Magistrate, Raipur, who in turn committed the case to the Court of Sessions, Raipur, from where the learned Third Additional Sessions Judge, Raipur, received the case on transfer for trial.