RAJESH NIRMALKAR Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 01.03.2008 passed by the Sessions Judge, Raipur, in Sessions Trial No. 224 of 2007 whereby and whereunder after holding the appellant guilty for causing homicidal death amounting to murder of Rakesh Banjare, the Court below convicted the appellant under Section 302 of the I.P.C. and sentenced him to life imprisonment with fine of Rs.500/- and in default to further undergo Rl for six months.

(2.) The conviction is impugned on the ground that without there being any iota of evidence, the Court below convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on fateful day of 18.09.2007 at about 8.15 pm, the appellant was assaulting Dinesh Awasthi (P.W.13) near Ganesh Pandal, which was interfered by the unfortunate deceased Rakesh Banjare, whereupon the appellant quarreled with deceased Rakesh Banjare. Appellant took out the knife and caused multiple injuries to the deceased, who fell down. He was shifted to Dr. Ambedkar Hospital, Raipur. During the course of shifting, he died. Dehati Nalishi was lodged by P.W.3 Raghunandan Banjare vide Ex.P.1. Dehati Merg was lodged vide Ex.P.2.