KALIPAD VISHWAS Vs. STATE OF M PCG

JUDGEMENT

(1.) SINCE both these Criminal Appeals namely Criminal Appeal No. 2575 of 2000 filed by Kali Pad Vishwas and Criminal Appeal No. 2645 of 2000 filed by Arun Sarkar arise out of the same judgment an out of the same incident, they are being disposed of by this common judgment.

(2.) ACCUSED /appellants Kali Pad Vishwas and Arun Sarkar have preferred these criminal appeals under Section 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment of convictions and sentences dated 30th September, 2000 passed by the learned First Additional Sessions Judge, Bastar at Jagdalpur, in Sessions Trial No. 170 of 1998 by which the learned Additional Sessions Judge after holding accused/appellant Arun Sarkar guilty of the offence punishable under Section 302 of the Indian Penal Code convicted him under this Section and sentenced him to under go imprisonment for life and to pay a fine of Rs. 5,000.00 in default of payment of fine to further undergo rigorous imprisonment for six months. Accused/appellant Kalipad Vishwas has been convicted for the offence punishable under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000.00 in default of payment of fine to further undergo imprisonment for one month.

(3.) AFTER completing the investigation the Police filed the charge-sheet against the accused/appellants Arun Sarkar and Kalipad Vishwas before the Chief Judicial Magistrate, Jagdalpur. The C.J.M. committed the case to the Court of Sessions Judge, Jagdalpur who in turn transferred the case to the Court of Additional Sessions Judge, Bastar at Jagdalpur for trial.