AMAR SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE instant is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (henceforth 'Cr.P.C.') preferred by the appellants challenging the judgment of conviction and order of sentence dated 31 -12 -2002 passed by the Additional Sessions Judge, Surajpur, District Surguja in Sessions Trial No. 368/2002. By way of the impugned judgment, the appellants have been found guilty of having committed an offence under Section 304 (Part -I) read with Section 34 of the Indian Penal Code, 1860 (henceforth 'IPC') and have been sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.500/ - each along with default stipulation.

(2.) IT is pertinent to also mention that the two appellants in the instant case are husband and wife.

(3.) AS per the prosecution case, the date of incident is 14 -06 -2002. That it is a case where the present appellants/accused persons were neighbours of deceased Bhukhsai and complainant Sonibai, who is wife of deceased Bhukhsai. As per the prosecution, it so happened that the present appeallants/accused persons had erected a fence in front of their house and was cutting wood. At that moment of time, it is said that deceased Bhukhsai and his wife/complainant Sonibai reached to the house of the present appellants and had an altercation in respect of the fence which was erected by the appellants in front of their house. The deceased and his wife/complainant wanted the appellants to remove the fence so that the complainant and her husband could cultivate the said land.