KUNJAM SUPPA Vs. STATE OF C G

JUDGEMENT

(1.) BY this appeal, the accused/Appellants have questioned the legality and correctness of the judgment of conviction and order of sentence dated 20-11-99 passed by the 3rd Additional Sessions Judge, jagdalpur in S.T. No. 85/99 whereby learned 3rd Additional Sessions judge after holding the accused/Appellant guilty for commission of offence under Section 302 read with Section 34 of the I.P.C., sentenced each of the accused/Appellants to undergo imprisonment for life and to pay a fine a Rs. 5,000/- in default of payment of fine to further undergo R.I. for one year.

(2.) THE case of the prosecution, in brief, is that PW-1 Kunjam Malla gave a merg intimation (Ex.-P/1) to the Police Station Chintagufa to the effect that yesterday morning Podiyami Ganga of village Bhinpa came and informed that your nephew Kunjam Kama yesterday i.e. on Saturday went to the market Chintalnar but he has not returned. On Sunday at about 4 p.m. Kunjami Suppa and Sodi Muda brought the body of Kunjam Kama in a basket in front of the house and they left the place after leaving the body. He went near the body, saw - the body and found that Kunj am Kama was already dead. Blood was oozing out of the mouth and nose. THEre was swelling on the neck and there were abrasions on the back. Village Sarpanch and other persons were informed on which Panchayat was convened and enquiry was made from the village Burkapal. On enquiry, it was revealed that deceased Kunjam Kama along with accused Kunjami Suppa and Sodi Niuda went to the market. When they were returning, some quarrel took place between the accused persons and the deceased in connection with return of money which was paid to the deceased by the accused persons. THE accused persons attacked the deceased with hands, fists and kicks. Neck of the deceased was twisted after pressing the neck.

(3.) AFTER completion of the investigation charge sheet was filed in the Court of Judicial Magistrate, Sukma who in turn committed the case to the Sessions Judge, Jagdalpur from where learned 3rd Additional Sessions Judge received the case on transfer for trial.