MITHUN GENDRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Cr.A.No.556/2009 filed on behalf of Mithun Gendre and Cr.A.No.766/2009 filed on behalf of Santosh Kumar & Raju Ratre against the common judgment dated 27-7-2009 passed by the 7th Additional Sessions Judge (FTC), Durg in S.T. No.92/2008 are being disposed of by this common judgment.

(2.) By aforesaid two criminal appeals, the appellants namely Mithun Gendre, Santosh Kumar & Raju Ratre have challenged legality and propriety of the judgment of conviction & order of sentence dated 27-7-2009 passed by the 7th Additional Sessions Judge (FTC), Durg in S.T. No.92/2008, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for causing homicidal death of Anil Sharma in sharing common intention and concealing the evidence of criminal case, convicted them under Sections 302 read with Section 34 & 201 of the IPC and sentenced to suffer imprisonment for life & pay fine of Rs.1,000/- each, in default of payment of fine to further suffer SI for six months and RI for seven years & pay fine of Rs.500/- each, in default of payment of fine to further suffer SI for three months, respectively.

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