RAM YADAV Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 3-3-2008 passed by 9th Additional Sessions Judge (F.T.C.), Raipur in Sessions Trial No. 304/2006. By the impugned judgment, accused/appellant Ram Yadav has been convicted and sentenced in the following manner with a direction to run the sentences concurrently:--

(2.) Case of the prosecution, in brief, is as under:

(3.) Shri Shrawan Kumar Agrawal, learned counsel for the appellant argued that formation of an unlawful assembly and the appellant being a member of the unlawful assembly are not established by the prosecution. It is also not established that what was the common object of the unlawful assembly? The prosecution witnesses did not state anything against the appellant or his overt act. The identification of the appellant is doubtful. The appellant was shown to the witnesses prior to the identification proceeding itself, therefore, the identification proceeding is doubtful. Hence the conviction of the appellant on the basis of identification cannot be sustained and the appellant deserves acquittal.