SANJAY YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 19/6/2007 passed by 12th Additional Sessions Judge (F.T.C.). Raipur (C.G.) in Sessions Trial No. 351/2005 whereby and where under after holding the Appellants guilty for the commission of offence of culpable homicide amounting to murder of Suresh in sharing common intention convicted the Appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced imprisonment for life with fine of Rs. 500/-, in default of payment of fine amount, additional simple imprisonment for 3 months to each. Appellant Sandeep Yadav was also convicted under Section 25(1-B)(B) of the Arms Act, 1959 and sentenced rigorous imprisonment for 3 years with fine of Rs. 500/'-. in default of payment of fine amount, additional simple imprisonment for 3 months.

(2.) Conviction is impugned on the ground that without any iota of evidence sufficient for conviction of the Appellants, Courts below has convicted and sentenced the Appellants as aforementioned and thereby committed an illegality.

(3.) As per case of the prosecution, on fateful day of 18/8/2005 at about 3:45 P.M. both the Appellants caused fatal injury by knife to Suresh. He was lying in injured condition at Ashok Nagar, Gudhiyari, Raipur. Her mother PW1 Kantibai took him along with Ramkhilawan to Police Station Gudhiyari where she lodged First Information Report vide Ex. P-1. Suresh also made dying declaration before PW1 Kantibai and Ramkhilawan that present Appellants have caused fatal injury to him. Requisition was prepared vide Ex. P-25 and intimation relating to death was recorded vide Ex. P-24. Doctor intimated to Police Station the fact that dead body was brought to the hospital. Marg was recorded vide Exs. P-16 & P-17. After summoning the witnesses, inquest over the dead body of Suresh was prepared vide Ex. P-19. Dead body was sent for autopsy to Medical College Hospital, Raipur vide Ex. P-7. PW9 S.N. Manjhi conducted autopsy vide Ex. P-8 and found following injuries:?