GYANIK RAM SAHU Vs. STATE OF CHHATTISH GARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20th of February, 2008, passed in Sessions Trial No. 45/2007 by the Additional Sessions Judge, Dhamtari (C.G.). By the impugned judgment, the appellants have been convicted u/ss 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- with default sentence of R.I. for 50 days. Appellants 2 & 3 have been further convicted u/ss 452/34 IPC and sentenced to undergo R.I. for 2 years and to pay fine of Rs. 200/- with default sentence of R.I. for 20 days. Their sentences have been directed to run concurrently.

(2.) Mr. Y.C. Sharma & Mr. Arun Kochar, learned counsel appearing on behalf of the appellants, have argued that the two witnesses namely-Dharmendra (PW-2) and Chumman (PW-10) were unreliable; there were many infirmities in their evidence; therefore, conviction based on their testimonies cannot be sustained. Alternatively, it was also argued that there was no evidence of common intention; there was no evidence to show as to who caused head injury; there was no bony injury; the deceased died on the 5th day of the incident, therefore, an offence u/ss 302 IPC would not be made out.

(3.) On the other hand, Mr. Sandeep Yadav, learned Dy. Govt. Advocate appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.