GANESH BANAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Two appellants namely, Ganesh Banaj (A-1) and Sunil Bharti (A-2) in Cr.A.No.576/2016; sole appellant namely, Satyendra Jangde (A-3) in Cr.A.No.391/2016; sole appellant namely, Hemant Bhardwaj (A-4) in Cr.A.No.659/2016; sole appellant namely, Gopi Banaj (A-5) in Cr.A.No.604/2016; sole appellant namely, Dilchand Banaj (A-6) in Cr.A.No.566/2016; and sole appellant namely, Santosh Kumar Kesharwani (A-8) in Cr.A.No.361/2016, have preferred these appeals under Sec. 374(2) of the CrPC feeling aggrieved and dissatisfied with the impugned judgment dtd. 10/3/2016 passed by the Sessions Judge, Baloda Bazaar in Sessions Trial No.1/2015, by which the learned Sessions Judge has convicted and sentenced the appellants in the following manner with a direction to run the sentences concurrently: -

(2.) Since all the six criminal appeals have arisen out of one and same judgment dtd. 10/3/2016 passed by the Sessions Judge, Baloda Bazaar in Sessions Trial No.1/2015 and since common question of fact and law is involved in all the six appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

(3.) Case of the prosecution, in a nutshell, is that on 7/9/2014 in the night, A-1 to A-6 conspired together and entered into the house of Dhaneshwar Prasad Sahu at Village Nagarda and caused death of Dhaneshwar Prasad, his wife Ganeshi Bai, his brother Rameshwar and his mother Suraj Bai and looted gold and silver ornaments. Acquitted co-accused Laxminarayan Mahilane (A-9) and accused/ appellant Santosh Kumar Kesharwani (A-8) purchased the stolen property. One co-accused Sahasram (A-7) has also been acquitted by the trial Court. One Rajababu Khunte ' juvenile, was tried by the jurisdictional juvenile court being juvenile.