AJAY PRAKASH BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 4.2.2004 passed by the 5th Additional Sessions Judge, Durg in Sessions Trial No.252/2002, whereby & whereunder learned 5th Additional Sessions Judge after holding the appellants guilty for commission of culpable homicide amounting to murder of Mohan Banjare in sharing common intention convicted them under Section 302/34 of the I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs.100/-, in default of payment of fine to further undergo R.I. for two months.

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

(3.) WE have heard Mr.Rajkumar Gupta, counsel for appellant No.1, Mr.Yogesh Pandey, counsel for appellant No.2, Mrs.Hamida Siddique, counsel for appellant No.3, Mr.Prafull Bharat, counsel for appellant No.4 and Mrs.Madhunisha Singh, Panel Lawyer for the State/respondent, perused the judgment impugned and record of the trial Court.