DINESH PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) (1) Regard being had to the similitude of the questions of fact and law involved and being arising out of a common impugned judgment dtd. 17/5/2016, on the joint request of learned counsel for the parties, these six criminal appeals are clubbed together, heard together and are decided by this common judgment.

(2.) In this batch of six criminal appeals filed under Sec. (CRA-440-2016, CRA-469-2016, CRA-474-2016, CRA-489-2016, CRA-598-2016 & CRA-824-2017) 374(2) of Cr.P.C., the accused-appellants herein, namely, Dinesh Pradhan (A-5), Pradeep Gupta (A-3), Kundaru @ Laxmi Narayan @ Petu (A-1), Chhavilal Nishad (A-6), Bajrangdas Mahant @ Anurag Sahu (A-2) and Belal Bhoi (A-4) are calling in question the legality, validity and correctness of a common impugned judgment of conviction and order of sentence dtd. 17/5/2016, passed by Additional Sessions Judge (Fast Track Court), Raigarh, District Raigarh (Chhattisgarh), in Sessions Trial No.105 of 2013, whereby they have been convicted and sentenced as under;

(3.) The case of the prosecution, in short, is that on 13/4/2013, in the night at about 09:00 PM, in the fields situated at Village Tetla, within the ambit of Police Station Pusour, Raigarh the accused-appellants herein firstly entered into criminal conspiracy and, thereafter, in furtherance of their common intention, abducted major victim (PW-01) and thereafter committed gang rape with her and also threatened her to kill and, thereby, the accused-appellants are said to have committed offences mentioned hereinabove.