RAM PRASAD YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both of these criminal appeals have arisen out of common impugned judgment dtd. 17/10/2014, therefore, they have been heard together and are being decided by this common judgment.

(2.) The two appellants namely Ram Prasad Yadav and Santosh Yadav have preferred these two criminal appeals under Sec. 374(2) of CrPC questioning the impugned judgment dtd. 17/10/2014 passed by learned Additional Session Judge, Katghora in Sessions Trial No 21/2014 by which they have been convicted for offence punishable under Sec. 302 read with Sec. 34 of IPC as well as Sec. 201 read with Sec. 34 of IPC and sentenced to life imprisonment along with a fine of Rs.1,000.00 in default of payment of fine, further R.I. for six months and imprisonment for three years and fine of Rs.500.00 in default of payment of fine, further R.I. for three months, respectively.

(3.) The case of the prosecution, in brief, is that on the intervening night of 12/11/2013 and 13/11/2013 (in between 10 PM to 7 AM) at village Gangapur, the two appellants herein namely Ram Prasad Yadav and Santosh Yadav, in furtherance of their common intention, assaulted one Mohpal Yadav (hereinafter called the deceased) and caused his death and thereafter, hung his dead body on a Char tree near Vijay Ghati Jhora and further caused disappearance of the evidence of crime and they thereby committed the offences punishable under Ss. 302 read with Sec. 34 of IPC and Sec. 201 read with Sec. 34 of IPC.