ARJUN YADAV Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 22.3.2006 passed by the 10th Additional Sessions Judge (F.T.C.), Bilaspur in Sessions Trial No. 147/2005, whereby & whereunder learned 10th Additional Sessions Judge after holding the appellants guilty for commission of culpable homicide amounting to murder of Ghanshyam Sahu in sharing common intention convicted them under Section 302 read with Section 34 of the I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for one month.

(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.) As per case of prosecution, on the fateful day of 25.12.2004 at about 7.30 at morning when deceased Ghanshyam Sahu went for ease near pond and his father Puniram (PW-1) was accompanying him, all the appellants came, they were holding sticks, they assaulted Ghanshyam and caused fatal injuries over his head and other parts of the body. Puniram (PW-1) and other villagers rushed to the spot and finally they took the injured Ghanshyam to hospital at about 9 a.m. and Ghanshyam succumbed to the injuries. Father of the deceased i.e. Puniram (PW-1) lodged F.I.R vide Ex.P/1 and merg vide Ex.P/2. Investigating officer proceeded for scene of occurrence and after summoning the witnesses vide Ex.P/5, inquest over dead body of deceased Ghanshyam was prepared vide Ex.P/6. Spot map was prepared vide Ex.P/3. Bloodstained and plain soil were recovered from the spot vide Ex.P/10. Dead body was sent for autopsy to Community Health Centre, Kota where Dr.K.K.Airi (PW-9) conducted autopsy vide Ex.P/19 and found following injuries:-