KAMTA PRASAD LODHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Criminal Appeal No.. 327/2001 filed by Kamta Prasad Lodhi, Ashwani Kumar and Ganesh, Criminal Appeal No. 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: Learned Additional Sessions Judge further directed that substantive sentences imposed on each accused shall run concurrently and also directed that the detention period of each accused shall be set off against the sentences imposed upon them.

(3.) Case of the prosecution, in brief, is that Name of the accused Offence under which convicted Sentences imposed Pawan Kumar @ Nagraj Sahu Section 120B of the IPC Life imprisonment and fine of Rs. 500 in default of payment of fine to further undergo R.I. for 3 months Section 302 of the lPC Life imprisonment and fine of Rs. 1,000, in default of payment of fine to further undergo R.I. for six months . Ashwani Kumar, Ganesh, Kamta Prasad Lodhi, Dileep @ Bathu @ Ashok & Raj @ Rajesh @ Raj Kumar Section 120B of the IPC Life imprisonment and fine of Rs. 500, in default of payment of fine to further undergo R.I. for six months. Section 302 read with Section 34 of the IPC. Life imprisonment and fine of Rs. 1,000 each, in default of payment of fine to further undergo R.I. for six months. accused Kamta Prasad installed a bore well in the land of Abhayram. Therefore, the dispute started between accused Kamta Prasad and the deceased persons. The co- accused persons of Kamta Prasad namely, accused persons Ganesh and Ashwani Kumar also used to quarrel with the deceased persons. Accused Kamta Prasad used to give threatening to Abhayram and Mukutdhar for committing their murder.