SONU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals are directed against the judgment dated 7th of April, 2007 passed in Sessions Trial No. 260/2006 by the 8th Additional Sessions Judge (FTC), Raipur (C.G.). By the impugned judgment, Appellant-Sunil Nisad (A-1) has been convicted under Section 302 I.P.C. and the other two appellants i.e. Sonu @ Pramod Kumar Vaishnav (A-2) and Nilesh Srivas (A-3) have been convicted under section 302/34 IPC and all have been sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- with default sentence of R.I. for 3 months.

(2.) The facts, briefly stated, are as under:-

(3.) Counsel for the appellants have argued that the eye-witnesses were reliable; they have given unnatural versions; their presence at the place of occurrence is doubtful. Alternatively, they have argued that appellants Sunil Nisad (A-1) was having no intention to commit murder of the deceased; he inflicted single blow by knife to the deceased, which though had penetrated to the abdomen, but no internal injury was caused. The death was on account of various infections; the death had occurred after 48 days; therefore, an offence under Section 302 I.P.C. would be made out against him and he would be liable for punishment under some lesser Section preferbly Part I or Part II of Section 304 I.P.C. About two other appellants-Sonu @. Pramod Kumar Vaishnav (A-2) and Nilesh Srivas (A-3), they argued that there is hardly any evidence to show that they had shared common intention with A-1 either to inflict the alleged injury to the deceased or to cause his death, therefore, conviction of these appellant (A-2 and A-3) with the aid of Section 34 I.P.C. cannot be sustained.