MOHAMMAD ELIYAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all of these criminal appeals have arisen out impugned judgment dtd. 07/11/2014 passed by learned Additional Sessions Judge Sarangarh, Distt. Raigarh in Sessions Trial No. 34/2014, therefore, they have been clubbed together, heard together and are being decided by this common judgment.

(2.) The two appellants in Criminal Appeal No. 1561/2015 namely Mohammad Eliyas (A-2) and Satish Bareth (A-4); the sole appellant in Criminal Appeal No. 1647/2015 namely Monu Thawait (A-3); and the sole appellant in Criminal Appeal No. 532/2016 namely Mohammad Bilal (A-1); all have preferred these appeals under Sec. 374(2) of CrPC calling in question the validity, legality and correctness of the judgment impugned whereby each of them has been convicted for offence punishable under Sec. 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000.00 in default to pay fine further R.I. for one year; under Sec. 364/34 of IPC and sentenced to undergo R.I. for 7 years and fine of Rs.500.00 in default to pay fine further R.I. for six months; and under Sec. 201/34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.500.00 in default to pay fine, further R.I. for six months.

(3.) Case of the prosecution, in brief, is that on the intervening night of 28-29/08/2014 within the ambit of Police Station Sarangarh, the appellants/accused persons, in furtherance of their common intention of causing death of Tiharu Patel, abducted him and strangulated him with a plastic rope on account of which he succumbed to death and thereafter, in order to screen themselves from the offence, drowned the dead body of the deceased in Heerakund Dam and threw the shirt worn by him at the time of the incident on the road, and thereby, committed the aforesaid offences.