RUPDHAR KHADIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

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

(2.) Criminal appeal No. 816/2014 has been preferred by appellant/accused Rupdhar Khadiya @ Butu (A-1) and criminal appeal No. 594/2014 has been preferred by appellant/accused Rajantha Rathia @ Suwar (A-2) against the impugned judgment dtd. 24/06/2014 passed by learned Additional Sessions Judge (Fast Track Court), Raigarh whereby they have been convicted and sentenced as under :-

(3.) Case of the prosecution, in a nutshell, is that the appellants herein hatched a conspiracy of causing death of Kanthiram, Nilo and Momraj and in furtherance of their conspiracy, on 11/06/2012 in between 09:30 PM to 11:30 PM, appellant Rupdhar Khadiya @ Butu (A-1) assaulted Kanthiram with wooden stick and Neelmadhav and Momraj (P.W.-1) with tangiya (axe) due to which Kanthiram and Neelmadhav suffered grievous injuries and died.