PHODOL ALIAS DURYODHAN Vs. STATE OF C G

JUDGEMENT

(1.) Cr.A.Nos.598/2009 & 599/2009 filed against judgment dated 10-6-2009 passed by the Additional Sessions Judge, Janjgir in Sessions Trial No. 162/2008 are being disposed of by the common judgment.

(2.) Appellant No.1 in Cr.A.No.598/2009 namely Phodol @ Duryodhan and appellant No.2 in Cr.A.No.599/2009 namely Mohan Lal died and the appeals so far as they relate to them, abate.

(3.) By filing two criminal appeals, 8 convicted appellants have challenged legality & propriety of the judgment of conviction & order of sentence dated 10-6-2009 passed by the Additional Sessions Judge, Janjgir, in Sessions Trial No. 162/2008, whereby and whereunder learned Additional Sessions Judge after holding the appellants guilty for forming unlawful assembly armed with deadly weapons having its common object to commit murder of Chhedilal, Bablu & Bhuru @ Parmanand and attempt to commit murder of Birichram in furtherance of common object of the assembly and for committing murder of Chhedilal, Bablu & Bhuru @ Parmanand and causing fatal injuries to Birichram, convicted the appellants under Sections 147, 148, 302 read with Section 149, 302 read with Section 149, 302 read with Section 149 & 307 read with Section 149 of the IPC and sentenced them to undergo Rl for two years & pay fine of PvS.500/- each, in default additional Rl for two months; Rl for three years & pay fine of Rs.500/- each, in default additional Rl for two months; imprisonment for life & pay fine of Rs. 1,000/- each, in default additional Rl for three months; imprisonment for life & pay fine of Rs. 1,000/- each, in default additional Rl for three months; imprisonment for life & pay fine of Rs. 1,000/- each, in default additional Rl for three months; and Rl for seven years & pay fine of Rs.1,000/-each, in default additional Rl for three months, respectively.