DHANRAJ AND OTHERS Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against judgment dated 10-07-2009 passed by Sessions Judge, Kabirdham (Kawardha) in Sessions Trial No. 38/08. By the impugned judgment, accused/appellants Dhanraj, Dharmraj @ Darvan @ Konda, Rajesh @ Butiya, Gajraj @ Dhani and Daniram @ Padamraj have been convicted and sentenced in the following manner with a direction to run the sentences concurrently:

(2.) Shri Yogeshwar Sharma, learned counsel for the appellants argued that there is no independent eye witness to the incident. Kuntibai (PW-5) and Shankar (PW-6) are widow and son of the deceased. They are interested witnesses. Golu (PW-9) was not present at the place of occurrence and he is a child and tutored witness. There are material contradictions in their statement. The appellants are falsely implicated in the case. He further argued that there is no positive evidence to show that the appellants were members of an unlawful assembly and in furtherance of the common object of the said assembly, they assaulted the deceased. The prosecution has utterly failed to prove the case beyond all reasonable doubts. Therefore, the appellants deserve to be acquitted of the charges framed against them. He placed reliance on Surajit Sarkar Vs. State of West Bengal,2013 1 CCSC 1 and Narayan Manikrao Salgar Vs. State of Maharashtra, 2012 8 SCC 622.

(3.) On the contrary, Shri Akhil Mishra, learned Additional Public Prosecutor and Shri Suryakant Mishra, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Sessions Judge do not warrant any interference by this Court.