RAJENDRA @ MATAUVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Criminal Appeals Nos.557/09 & 984/11 filed on behalf of appellants namely Rajendra @ Matauwa, Ram, Yashwat @ Khunuwa, Shiv Prasad, Rakesh, Rajkumar, Kamlabai, Bhagbai, Shivkumari, Smt. Rajkumari @ Kunwarbai, Smt. Saraswati Bai, Chhedilal @ Chheduwa, Lachchmin @ Laxman respectively filed against the judgment of conviction and order of sentence dated 01.08.2009 are being disposed of by this common judgment.

(2.) Challenge in above two appeals are to the judgment of conviction and order of sentence dated 01.08.2009 passed by the 1st Additional Sessions Judge, Mungeli in S.T. No.25/07 whereby & whereunder the Additional Sessions Judge after holding the appellants for constituting unlawful assembly having its common object to commit murder of Sushila Bai and in furtherance of common object of unlawful assembly, members of the unlawful assembly committed murder of Sushila Bai, convicted them under Sections 147 & 302/149 of the Indian Penal Code (for short 'IPC') and sentenced to undergo R.I. for 02 years and R.I. for life & fine of Rs.1,000/- respectively, in default to under R.I. for 03 months for each default.

(3.) Conviction is impugned on the ground that without an iota of evidence the trial Court has convicted & sentenced the appellants, as aforementioned, and thereby committed illegality.