LAWS(CHH)-2012-2-80

MOHD. SHAMIM Vs. STATE OF CHHATTISGARH

Decided On February 28, 2012
MOHD. SHAMIM Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 9-10-2007 passed by the 4th Additional Sessions Judge, Durg, in Sessions Trial No.93/2006, whereby and whereunder the Additional Sessions Judge after holding appellant Mohd. Shamim guilty for commission of culpable homicide amounting to murder of Puja @ Lakshmi Thakur in sharing common intention with other co-appellants namely Babbu @ Khan Ali and Kalle @ Guldip Singh, and attempting to conceal the evidence of criminal case, convicted and sentenced the appellants as below: -

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

(3.) STATEMENTS of the witnesses were recorded under Section 161 of the CrPC. After completion of investigation, charge sheet was filed before. the Court of Judicial Magistrate First Class, Durg who committed the case to the Court of Sessions, Durg, from where the Additional Sessions Judge received the case on transfer for trial.