RAJENDRA GANDHI Vs. STATE OF C.G.

JUDGEMENT

(1.) Cr.A. Nos. 815/2005 & 907/2010 filed on behalf of accused persons/ appellants Rajendra Gandhi, Haresh Kothari, Arun Diwan, Hori Mandal, Babii @ Sandeep Kundu & Ramjan Beg against the judgment of conviction & order of sentence dated 29-9-2005 passed by the 3rd Additional Sessions Judge, Jagdalpur in Sessions Trial No. 160/2001 and Cr.A. No. 459/2006 filed on behalf of absconding accused/appellant Ram Kumar against the judgment of conviction & order of sentence dated 6-5-2006 passed by the 3rd Additional Sessions Judge, Jagdaipur in Sessions Trial No. 160/2001 relating to commission of same offences, are being disposed of by this common judgment.

(2.) Vide judgment of conviction & order of sentence dated 29-9-2005, the 3rd Additional Sessions Judge, Jagdalpur, in Sessions Trial No.160/2001, has convicted & sentenced the appellants in Cr.A.Nos.815/2005 & 907/2010 for commission of culpable homicide amounting to murder in furtherance of common object of the unlawful assembly formed by them who were armed with deadly weapons and for commission of the offence of kidnapping & extortion, under Sections 148, 302 read with Section 149, 329 read with Section 149, 348 & 364 of the IPC. Appellant Ram Kumar in Cr.A.No.459/2006 was absconding, subsequently he was arrested and after trial he was also convicted & sentenced under Sections 148, 302 read with Section 149, 329 read with Section 149, 348 & 364 of the IPC vide judgment dated 6-5-2006 passed by the 3rd Additional Sessions Judge, Jagdalpur, in Sessions Trial No.160/2001. All the appellants have been convicted and sentenced in the following manner for causing homicidal death amounting to murder of Vinod Gupta after kidnapping and extortion:-- <FRM>JUDGEMENT_319_CGLJ4_2011_1.html</FRM>

(3.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted & sentenced the appellants and thereby committed illegality.