SANTOSH KUMAR VISHVAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 23-11-2010 passed by IVth Additional Sessions Judge (FTC), Ambikapur, District Surguja in Sessions Trial No. 362/2007. By the impugned judgment, accused/appellant Santosh Kumar Vishvakarma and co-accused Sanjay Bhagat and Rajesh Kushwaha have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- in default of payment of fine, to further undergo rigorous imprisonment for 4 months. The case of the prosecution, in brief, is as under:--

(2.) In support of its case, the prosecution examined Ranjeet Kumar (P.W. 1), Dr. Vinok Kumar Paikara (P.W. 2), Dr. H.N. Ram (P.W. 3), Sanjay Paikara (P.W. 4), Baliram (P.W. 5), Inspector N.L. Shrivastava (P.W. 6), Chain Sai Paikara (P.W. 7), Anita Paikara (P.W. 8), Ramlagan (P.W. 9), Rajbhan Singh (P.W. 10), Ganesh Kumar Paikara (P.W. 11), Sukhendra Kumar Paikara (P.W. 12), Rajni Bai (P.W. 13), Nasar Siddique (P.W. 14). The appellant did not examine any witness in his defence.

(3.) Smt. Savita Tiwari, learned Counsel for appellant-Santosh Kumar Vishvakarma did not dispute involvement of the appellant in the crime in question but she argued that the appellant was juvenile on the date of incident, i.e., 15-7-2007, and therefore, urged for his release without any further imprisonment for the period already undergone by him.