MANTI AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) Criminal Appeals Nos.793/11, 833/11, 973/11, 34/12,179/12, 229/12 & 72/14 filed against the judgment of conviction and order of sentence dated 22.9.2011 passed in ST. No.148/08 are being disposed of by this common judgment.

(2.) Challenge in the above appeals are to the judgment of conviction and order of sentence dated 22.9.2011 passed by the 1st Additional Sessions Judge, Bastar at Jagdalpur in S.T. No.148/08 whereby & whereunder the trial Court after holding the appellants guilty for forming unlawful assembly armed with deadly weapons (appellants Kiran Kumar Nag, Kavishekh, Shabbir Bharti & Bablu alias Bajrangi) having its common object to kidnap Ranjit @ Sheru and to commit his murder and in furtherance thereof the appellants had kidnapped Ranjit @ Sheru and committed his murder, convicted appellants-Tinku @ Rajnath, Abhishek, Mantoo @ Hitendra Nag, Vikas Tripathi, Sagar Setty under Sections 147, 364/149, 302/149 of the Indian Penal Code (for short "IPC") and sentenced each of them to undergo R.I. for 02 years & fine of Rs.300/-, in default to undergo additional R.I. for 03 months; R.I. for 10 years & fine of Rs.500/-, in default to undergo additional R.I. for 01 year and R.I. for life & fine of Rs.1,000/- in default to undergo additional R.I. for 01 year respectively. Remaining appellants have been convicted under Sections 148, 364/149, 302/149 of the IPC and sentenced to undergo R.I. for 03 years & fine of Rs.500/-, in default to undergo additional R.I. for 06 months; R.I. for 10 years & fine of Rs.500/-, in default to undergo additional R.I. for 01 year and R.I. for life & fine of Rs.1,000/- in default to undergo additional R.I. for 01 year respectively.

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