MANAV PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The aforesaid Appeals are being disposed of by this common judgment, as they arise out of the same incident.

(2.) The appellants have been convicted for commission of offence under Sec. 302 read with Sec. 34 of the IPC and sentenced to undergo RI for life and to pay a fine of Rs.20,000.00 each, in default of payment of fine, each of the appellant was directed to undergo SI for one year, vide judgment dtd. 3/12/2019 passed by the 2nd Additional Judge to the Court of 1st Additional Sessions Judge, Raipur in ST No.25/2019.

(3.) Prosecution case, in brief, is that complainant Mohd. Sharif has lodged an FIR with the PS Azad Chowk on 21/9/2018 stating that on 20/9/2018 at about 10 pm after taking dinner he went to his room for sleeping and his son Mohd. Siraj went outside the home with his friends for taking stroll. Next day morning, one Sheikh Alam came to his house and informed him that accused Manav Pandey and his two friends have assaulted his son Mohd. Siraj with knife and sticks and he is lying unconscious at Jai Kali Chowk, Bhoipara. After receiving the information, the complainant went to the spot where he came to know that on account of old enmity, accused Manav Pandey and his two friends have assaulted his son. It is stated that accused Manav Pandey has caused grievous injuries by giving knife blow on his abdomen. His friends Prashant Patel and Aman Bhargav took him to Yashwant Hospital for treatment from where on the advise of the doctors, he was taken to Ramkrishna Care Hospital for treatment where he was declared brought dead. On receiving information, Dehati Merg intimation (Ex.-P/1) and Dehati First Information Report (Ex.-P/2) were recorded and subsequently, FIR (Ex.-P/21) was registered.