RAJESH SAHU & OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These are the appeals filed by the accused persons against the judgment dated 26.04.2012 delivered by the learned Additional Sessions Judge, Mungeli, Dist. Bilaspur in Sessions Trial No.22/2011 whereby the appellants have been convicted and sentenced as under :- Rajesh Sahu, Panchram Sahu, Panna @ Parmeshwar and Golu @ Harish Sahu 302/34, 120-B of the IPC Life imprisonment and to pay fine amount of Rs.1000/- under both the sections and in default to undergo further RI for 6 months on each count. Panna @ Parmeshwar & Golu @ Harish Sahu 201 of the IPC RI for 4 years, to pay fine amount of Rs.500/- and default to undergo further RI for 6 months. Santosh Kashyap 201 of the IPC RI for 4 years, to pay fine amount of Rs.500/- and default to undergo further RI for 6 months. 25 (1-B)(a) of the Arms Act RI for 1 year, to pay fine amount of Rs.500/- and in default to undergo further RI for 6 months.

(2.) Since both the appeals arise out of the common impugned judgment, therefore, they are being decided by this common judgment.

(3.) The prosecution story, briefly stated, is that the deceased Atmaram, a shopkeeper, used to run a medical shop in the name of Vidya Medical Shop at Kodwabani and used to go there daily from his village Khurshi. When he did not return to his village from Kodwabani on 24.02.2011 at his usual time of return, i.e., at 8.00 PM, then his younger brother Ram Kumar had made a search of him at about 10.00 PM along with his brothers, namely, Indra Kumar and Dwarika. Upon a search, they found the dead body of his brother Atmaram and his motorcycle at about one kilometer away from their village Khurshi. They also saw the head injury on his body with blood.