GHASIYA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 05.11.2011 passed by the 2nd Additional Sessions Judge, Jagdalpur at Kondagaon, District - Bastar in Sessions Trial No. 205/2011, whereby & whereunder, the trial Court after holding the appellant guilty for causing homicidal death amounting to murder of deceased Budhram, in sharing common intention, convicted them under Section 302/34 of the Indian Penal Code and sentenced them to undergo life imprisonment and to pay fine of Rs.100/-, in default of payment of fine to undergo additional R.I. for three months.

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

(3.) As per case of prosecution, on 31.10.2009 at about 8.00 p.m., Itwarin Bai, mother of appellant - Ghasiya Ram came to the house of deceased and told him that Ghasiya Ram is calling him, on which the deceased went towards the house of appellants. Prem Bai (PW-2), wife of the deceased also followed him, when she reached near the field, she found the appellants assaulting her husband by means of axe and battle axe. She came back and intimated the incident to her father-in-law, who alongwith other villagers went to the place of incident and found the deceased dead. Merg Intimation (Ex.P-14) and First Information Report (Ex.P-13) were lodged by Prem Bai (PW-2).