FAKRUDDIN Vs. STATE OF C.G.

JUDGEMENT

(1.) Since all the three criminal appeals and one criminal revision have arisen out of one and same judgment dtd. 18/8/2009 passed by the Additional Sessions Judge (FTC), Rajnandgaon in Sessions Trial No.108/2007, they have been clubbed together, heard together and are being disposed of by this common judgment.

(2.) These three criminal appeals have been preferred by the accused / appellants under Sec. 374(2) of the CrPC against judgment convicting them for the offence punishable under Sec. 304 Part-II of the IPC and sentencing them to undergo rigorous imprisonment for seven years with fine of Rs.500.00 each, in default, to further undergo simple imprisonment for two months, whereas they have been acquitted of the charges under Ss. 147, 148, 120B of the IPC and also under Sec. 302 of the IPC against which criminal revision has been preferred by the complainant under Sec. 397 read with Sec. 401 of the CrPC.

(3.) Two appellants in Cr.A.No.671/2009 namely, Fakruddin (A-1) and Nassu @ Jalaluddin (A-5); sole appellant in Cr.A.No.713/2009 namely, Yakinuddin @ Banti (A-3); and three appellants in Cr.A.No.649/2009 namely, Sainuddin (A-2), Mohammad Karim (A-4) & Peeru @ Peeruddin (A-6) were earlier charge-sheeted for offences under Ss. 147, 148, 302, 120B, in alternative Sec. 302 read with Sec. 149 of the IPC, but they have been convicted only for offence under Sec. 304 Part-II of the IPC and they have been acquitted of the charges under Ss. 147, 148, 120B and 302 read with Sec. 149 of the IPC, as such, the appellants in three criminal appeals have assailed their conviction for offence under Sec. 304 Part-II of the IPC, whereas Jahin Khan "" the complainant has challenged their acquittal for the aforesaid offences by filing criminal revision and has made prayer for passing appropriate order convicting the accused / appellants.