MUKESH DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 28-4-2007 passed in Sessions Trial No.02/2006 whereby learned Ist Additional Sessions Judge, Durg, after holding the appellants guilty for committing murder of Akhilesh Singh, convicted them under Sections 302 & 302/34 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.100/- each, in default of payment of fine to further undergo SI for one month.

(2.) THE prosecution story, in brief, is that on 26-9-2005, Akhilesh Singh (deceased) went to the house of his friend namely Dhermendra (Bablu) at Resalibhata and after having his lunch when he was returning, he saw that some women were breaking the iron piece (Beet). At the same time, appellant No.1 Mukesh Dewangan came there and forbade the women to break the iron piece. On this, Akhilesh Singh asked him as to why he was forbidding them from breaking the iron piece, then the appellant No.1 Mukesh Dewangan started abusing Akhilesh Singh and assaulted him with knife. THE incident was intervened by Dharmendra (PW/3) and Meghnath (PW/4).

(3.) STATEMENTS of witnesses were recorded under Section 161 of the Cr.P.C., and after completing the investigation, charge sheet was filed against the appellants under Sections 302, 294/34 of the IPC in the Court of Judicial Magistrate First Class, Durg, who in turn committed the case to the Court of Sessions Judge, Durg. Learned First Additional Sessions Judge, received the case on transfer for trial, who framed charge under Section 302/34 of the Indian Penal Code against the appellants who abjured the guilt.