ISHWAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both of these appeals have arisen out of a common judgment dtd. 04/12/2008 passed by Additional Sessions Judge, Mungeli in Sessions Trial No. 31/07, therefore, they have been heard together and are being decided by this common judgment.

(2.) Criminal Appeal No. 1072/2008 has been preferred by the accused persons against their conviction for offence punishable under Sec. 324 read with Sec. 34 of IPC and the sentence awarded accordingly which comprises of R.I. for two years and fine of Rs.500.00 in default of payment of fine to undergo S.I. for 30 days and Acquittal Appeal No. 129/2010 has been preferred by the State against the acquittal of the respondents/accused persons from offence under Sec. 307 read with Sec. 34 of IPC.

(3.) The case of the prosecution, in brief, is that on 07/06/2007 at about 07:30 PM, the accused persons, with the common intention of causing death of the applicant Mani Singh (P.W. 1), assaulted him with basula and lathi by which he suffered grievous injuries which were sufficient to cause death and they thereby committed the aforesaid offence.