LAXMIKANT DWIVEDI Vs. STATE OF C.G.

JUDGEMENT

(1.) Since both these appeals arise out of the impugned judgment of conviction and order of sentence dtd. 29/2/2008 passed by learned 7th Additional Sessions Judge (F.T.C.), Durg, District- Durg (C.G.) in Sessions Trial No. 38/2007, they are heard analogously and being disposed of by this common judgment. By the impugned judgment, each of the appellants stands convicted and sentenced as under:-

(2.) Brief facts of the case are that on dtd. 20/6/2003, at about 7:45 P.M., the accused persons had used filthy language, beaten and threatened to the complainant- Shiv Ganesh's Son namely deceased Shubham Dwivedi in relation to some money transactions and owed by his son and on this, the deceased Shubham had lodged a report, so on the basis of aforesaid report, a Crime No. 403/2003 for offence under Ss. 294, 323, 506 and 324 read with Sec. 34 of IPC registered against the accused persons and due to the registration of the aforesaid offence against them, the accused persons held vengeance against the deceased and they all threatened him to withdraw the criminal case against them. However, being subjected to coercion, harassment by the accused persons, it is alleged that the deceased Shubham Dwivedi, committed suicide on dtd. 4/10/2003 near the Sec. -6 Pump House by run over a train, so a written complaint has been lodged by the father of the deceased i.e., complainant- Shiv Ganesh on dtd. 24/3/2006 at Police Station- Supela and on the basis of the aforesaid report an offence under Sec. 306 read with Sec. 34 of IPC was registered against the accused persons. The prosecution after completing the due and necessary investigation, led the charge-sheet before the concerned Jurisdictional Magistrate, who, in turn, committed the case for trial. On the basis of the material contained in the charge-sheet, learned trial Court framed charges against the accused for alleged commission of offence under Sec. 306 read with Sec. 34 of IPC. The accused having abjured guilt were subjected to trial.

(3.) In order to bring home the guilt, the prosecution has examined as many as 13 witnesses to prove its case against the appellants. Statement of the accused/appellants were also recorded under Sec. 313 of Cr.P.C., in which they denied all the incriminating circumstances appearing against them in the prosecution case and pleaded their innocence and false implication in this case. However, two witnesses examined by them in his defence.