VEERU KOL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of fact and law is involved in both these appeals, therefore, they have been clubbed together, heard together and are being decided by this common judgment.

(2.) Criminal Appeal No. 491/2019 has been preferred by appellants Veeru Kol (A-1) and Rajjan Kol (A-2) and Criminal Appeal No. 437/2015 has been preferred by two appellants Ashok Goutam [since died, substituted by his wife Smt. Archana Goutam (A-3)] and Dilip @ Dillu Kol (A-4) against impugned judgment dtd. 18/03/2015 passed by learned Additional Session Judge, Pendraroad, District Bilaspur in Sessions Trial No. 12/2014 whereby they have been convicted for offence punishable under Sec. 302/34 of IPC and have been sentenced to undergo life imprisonment with fine of Rs.200.00 each and in default payment of fine, further R.I. for two months and for Sec. 326/34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.100.00 each and in default of payment of fine, further R.I. for one month, with a direction to run both the sentences concurrently.

(3.) Case of the prosecution, in brief, is that on 03/11/2013 at about 11 PM at Village, Dabrikhar, Choubepara within the ambit of Police Station Pendra, the appellants herein, in furtherance of their common intention of causing of one Ganesh Prasad, assaulted him with deadly weapons like sword, laathi (wooden stick), spade and bricks on account of which he suffered grievous injuries and died and the appellants further assaulted one Gokul Rathor (P.W.-1), who also suffered grievous injuries and they, thereby, committed the aforesaid offence.