AKHILESH KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) CHALLENGE is made to the judgment of conviction and order of sentence dated 11th March, 2002 passed by the 4th Additional Sessions Judge, Jagdalpur (Bastar) in Sessions Trail No. 6/2001, whereby, all the Appellants have been convicted Under Section 302/149 I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for 6 months. Apart from that Appellants No. 1, 3, 4 and 5 have also been convicted Under Section 147 I.P.C. and sentenced to undergo R.I. for 2 years and to pay fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for 1 month and Appellant No. 2 has been convicted Under Section 148 I.P.C. and sentenced to undergo R.I. for 3 years and to pay fine of Rs. 200/-, in default of payment of fine to further undergo R.I. for 2 months. The respective sentences have been directed to run concurrently.

(2.) THE allegation are that on 6.11.2000 at about 12 in the Noon, Kalicharan, along with his servant Gopalu, was going on a bullock-cart to the field of his uncle Yisucharan for taking paddy crops. On the way, the accused persons, armed with Lathis and Tangia, attacked him. He received many injuries resulting into his instantaneous death.

(3.) IN further investigation, the seized articles were sent for chemical examination to Forensic Science Laboratory vide Ex.-P/25, from where, a report Ex.-P/27 was received. According to the said report, blood stains were found on the clothes of the deceased, stained soil and Axe seized from the possession of accused Shailesh, whereas no blood stains were found on the plain soil.