(1.) CRIMINAL Appeal No. 327/2001 filed by Kamta Prasad Lodhi, Ashwani Kumar and Ganesh; CRIMINAL AppealNo. 361/2001 filed by Pawan Kumar alias Nagraj Sahu; and CRIMINAL Appeal No. 362/2001 filed by Dileep @ Bathu @ Ashok and Raju @ Rajesh @ Raj Kumar are arising out of the same judgment passed by the 1st Additional Sessions Judge, Durg in Sessions Trial No. 25/2000, therefore, they are being disposed of by this common judgment.
(2.) THE accused persons have filed these appeals questioning legality and correctness of the judgment of conviction and order of sentence dated 27-3-2001 passed by the 1st Additional Sessions Judge, Durg, in Sessions Trial No. 25/2000, whereby learned Additional Sessions Judge convicted and sentenced the accused/Appellants as under:
(3.) FURTHER case of the prosecution is that on 31st October, 1999 (Sunday) accused Pawan Kumar @ Nagraj Sahu, who was working as Driver of tanker bearing No. MP-24/A-5354 of Mahendra Singh (P.W. 9), went to Village: Sonesarar to the house of Kamta Lodhi at 12 - 12.30 p.m. Accused Kamta Lodhi consumed liquor at his residence with his friends. He openly said that