SANTRAM AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 06.09.2008 passed by the Sessions Judge, Kanker in Sessions Trial No. 118/2008, whereby & whereunder, after holding the appellants guilty for causing homicidal death amounting to murder of Romdhar Poya in sharing common intention, convicted them under Sections 341/34 and 302/34 of the Indian Penal Code and sentenced them to undergo S.I. for one month and imprisonment for life and fine of Rs. 500/-, in default of payment of fine, additional R.I. for two months. 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.

(2.) As per case of the prosecution, fateful night of 01.06.2007 at about 9.00 p.m. appellants were present in the meeting along with deceased - Romdhar Poya. A boy, Ghunsuram, didn't come to attend the meeting, therefore, appellants quarreled with the deceased. After the meeting, while deceased was going to his house, appellants restrained him. Appellant-Santram assaulted him by knife over his left side of the chest and shoulder. Appellant-Dyaluram assaulted him by hand and fists. When they saw the active bleeding from the injury of the deceased, then they fled from the spot. The deceased came to his house. He went to Police Station Durgukondal on 02.06.2007 and lodged FIR vide Ex. P-7. He was sent for treatment to Community Health Centre, Durgukondal, where he was examined by Dr. Preeti Singh (PW-12) vide Ex. P-19, who found following injuries and symptoms:--

(3.) Bloodstained clothes of the deceased were sealed & seized vide Ex. P-16. Appellant-Santram was taken into custody, he made disclosure statement of knife vide Ex. P-13 and the same was recovered at his instance vide Ex. P-15. Bloodstained clothes of appellant-Santram were seized vide Ex. P/17. Patwari prepared spot map vide Ex. P-19 (Second Ex. P-19).