GOVIND; VIJAY; MAHENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CR .A.No.446/2010 filed on behalf of appellants Govind and Vijay and Cr.A. No.680/2010 filed on behalf of appellant Mahendra against the common judgment dated 19 -4 -2010 passed by the 7th Additional Sessions Judge (FTC), Durg, in Sessions Trial No.106/2008, are being disposed of by this common judgment.

(2.) BY filing aforesaid criminal appeals, the appellants have challenged legality and propriety of the judgment of conviction and order of sentence dated 19 -4 -2010 passed by the 7th Additional Sessions Judge (FTC), Durg, in Sessions Trial No. 106/2008, whereby and whereunder learned Additional Sessions Judge after holding the appellants guilty for causing homicidal death amounting to murder of Mahesh Satnami in sharing common intention and for concealing the evidence of criminal case, while acquitting co -accused Kodaiya Bai of the offence under Section 201 of the IPC, convicted the appellants under Sections 302 read with Section 34 and 201 of the IPC and sentenced them to undergo imprisonment for life and pay fine of Rs. 1,000/ - each, in default of payment of fine to further undergo SI for six months, and Rl for seven years and fine of Rs,500/ -each, in default of payment of fine to further undergo SI for one month, respectively.

(3.) CONVICTION is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellants and thereby committed an illegality.