TIJAU RAM Vs. STATE OF C G

JUDGEMENT

(1.) Cr. A. Nos. 883/2011, 921/2011, 943/2011, 993/2011, 999/2011, 5/2012, 10/2012, 11/2012, 24/2012, 25/2012, 35/2012, 42/2012, 79/2012, 87/2012, 103/2012, 105/2012, 114/2012, 173/2012, 246/2012, 294/2012, 617/2012, 724/2012 & 854/2012 filed against the judgment dated 4-11-2011 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Special Act'), Raipur in Special Sessions Trial No. 47/2008 and Cr. A. No. 616/2012 filed against the judgment dated 4-11-2011 passed by the Special Judge under the Special Act, Raipur in Special Sessions Trial No. 83/2008 relating to same incident alleged to have been committed by members of Scheduled Caste against another member of Scheduled Caste are being disposed of by this common judgment. By filing Cr. A. Nos. 883/2011, 921/2011, 943/2011, 993/2011, 999/2011, 5/2012, 10/2012, 11/2012, 24/2012, 25/2012, 35/2012, 42/2012, 79/2012, 87/2012, 103/2012, 105/2012, 114/2012, 173/2012, 246/2012, 294/2012, 617/2012, 724/2012 & 854/2012, the appellants have challenged legality and propriety of the judgment of conviction and order of sentence dated 4-11-2011 passed by the Special Judge under the Special Act, Raipur in Special Sessions Trial No. 47/2008, whereby & whereunder learned Special Judge, while acquitting the appellants and other co-accused of the charge under the Special Act, after holding the appellants guilty for forming unlawful assembly armed with deadly weapons having common object to commit murder of Dhakendra Bharadwaj @ Bholaram, causing grievous injuries to Ramlal @ Sugriv (PW-11) & Usha Bai (PW-2), causing simple injuries to Kum. Chandni (PW-3) and causing mischief by fire in furtherance of common object of the unlawful assembly, convicted & sentenced them as below:--

(2.) By filing Cr. A. Nos. 616/2012 appellants Chintaram Dhruv & Heera Lal have challenged legality and propriety of the judgment of conviction and order of sentence dated 4-11-2011 passed by the Special Judge under the Special Act, Raipur in Special Sessions Trial No. 83/2008, whereby & whereunder learned Special Judge while acquitting them of the charge under the Special Act, convicted & sentenced them in the following manner:--

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