SURESH KUMAR AND ANOTHER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 31st October, 2001 passed by the 3rd Additional Sessions Judge (Fast Track Court), Jangir, Sessions Division Bilaspur in Sessions Trial No. 55/94 whereby and whereunder learned Additional Sessions Judge after holding the appellants guilty for commission of homicidal death amounting murder of Hetram Kurmi in sharing common intention, convicted the appellant No.1 - Suresh Kumar under Section 302/34 of the I.P.C and sentenced him to life imprisonment, Likewise appellant No.2 - Raghawendra was also convicted under Section 302 of the I.P.C. and sentenced to life imprisonment.

(2.) During the trial of the case, one co-accused Bhuvan Prasad has died.

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