SMT. SARITA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this common judgment, Cri. A. No. 679/2008 and Cri. A. No. 713/2008 are being disposed of as both the appeals arise out of the judgment of conviction and order of sentence dated 18-6-2008 passed by the 1st Additional Sessions Judge, Bilaspur in S.T. No. 151/2005 convicting and sentencing the appellants as under :- <FRM>JUDGEMENT_31_LAWS(CHH)1_2016.html</FRM>

(2.) The court below also convicted co-accused Smt. Sita Bai and Smt. Devki Bai under Sections 147, 148, 452 of IPC and sentenced them to the period already undergone by them with fine of Rs. 200/- under Section 452, IPC. They have not preferred any appeal against their conviction and sentence.

(3.) Earlier to the impugned judgment, the trial Court also tried accused Mohan, Ramkushal, Darash Lal, Narad Suryavanshi, Ganesh and Guddu @ Shivdayal in the same S.T. No. 151/2005 for the offence under Sections 147, 148, 452/149, 302/149, 323/149, IPC. After their trial, the trial Court vide judgment dated 10-8-2006 acquitted all the above six accused persons of the charges as the prosecution failed to prove the charges beyond reasonable doubt. Against said acquittal in the first round of sessions trial No. 151/2005, revisionist Badri Prasad Gadhewal, father of deceased Ramu @ Ramkumar has preferred a Criminal Revision No. 618/2006, which is being disposed of by a separate order. At the time of trial of above six accused persons, other co-accused Sharad, Chhota @ Ramdayal, Smt Geeta Bai, Devki Bai and Sarita Bai were absconding. After the judgment dated 10-8-2006 all the above 5 accused persons surrendered and they were tried in the same ST No. 151/2005 and the trial Court convicted and sentenced them as mentioned above.