KISHOR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the five criminal appeals have arisen out of one and same impugned judgment dtd. 1/9/2012 passed by the 2 nd Additional Sessions Judge, Baloda Bazaar in Sessions Trial No.49/2012 and since common question of fact and law is involved in all the five appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

(2.) These five criminal appeals have been preferred by the accused / appellants (A-1 to A-5) under Sec. 374(2) of the CrPC against the impugned judgment convicting them for the offence punishable under Sec. 302 read with Sec. 120B of the IPC and sentencing them to undergo imprisonment for life with fine of Rs.1,000.00 each, in default, to further undergo imprisonment for six months. Appellants Kishore @ Kishan and Indrapal @ Bhakhlu have also been convicted for offences punishable under Ss. 25(1B)(b) and 27(1) of the Arms Act and sentenced to undergo imprisonment for two years with fine of Rs.200.00 each, in default to further undergo imprisonment for six months and to undergo imprisonment for five years with fine of Rs.500.00 each, in default, to further undergo imprisonment for six months, respectively.

(3.) Sole appellant in Cr.A.No.872/2012 namely Kishore @ Kishan (A-1), sole appellant in Cr.A.No.1102/2012 namely Indrapal @ Bhakhlu (A-2), sole appellant in Cr.A.No.1004/2012 namely Ajay @ Khorbahra (A-3), sole appellant in Cr.A.No.779/2012 namely Geetaram @ Rajkumar (A-4) and two appellants in Cr.A. No.863/2012 namely Devram (A-5) and Sukwara Bai (A-6) have assailed their conviction for offences under Sec. 302 read with Sec. 120B of the IPC and Ss. 25(1B)(b) and 27(1) of the Arms Act.