KAWASI GUDIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 27 -8 -2004 passed by 4th Additional Sessions Judge (FTC), Jagdalpur in Sessions Trial No. 11/2004. By the impugned judgment, accused persons/appellants Kawasi Gudiya, Kawasi Budru, Kawasi Massu and Kawasi Sampat have been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 100/ - each, in default of payment of fine, to further undergo rigorous imprisonment for 1 month. Case of the prosecution, in brief, is as under:

(2.) SHRI Ravish Verma, learned counsel for the appellants argued that there is no independent witness. Kawasi Palo (P.W. -1) is wife and Maniram (P.W. -2) is son of the deceased. They are relatives of the deceased and highly interested witnesses. There are material contradictions in their statements. The appellants are falsely implicated in the case. He further argued that the prosecution failed to prove sharing of common intention by the appellants. Mere presence of the appellants at the place of occurrence is not sufficient to draw inference against them about sharing of common intention to commit murder of the deceased. The prosecution has utterly failed to prove the case beyond all reasonable doubts, therefore, the appellants deserve to be acquitted of the charges framed against them.

(3.) WE have heard learned counsel for the parties and have also perused the record of Sessions Trial No. 11/2004. The conviction of the appellants under sections 302/34, Indian Penal Code is based on the evidence of Kawasi Palo (P.W. -1), Maniram (P.W. -2) and Kawasi Poyana (P.W. -9).