SHANKAR @ TUNU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CRIMINAL Appeal No. 26/2000 filed by accused appellant Shankar @ Tunnu, Cr. A. No. 27/2006 filed by Santu @ Motu and Cr. A. No. 28/2006 filed by Sukdeo @ Gonga are arising out of the same judgment passed in Sessions Trial No. 303/2005, therefore, they are being disposed off by this common judgment.

(2.) THESE appeals are directed against the judgment of conviction and order of sentence dated 31st December, 2005 passed by the Sessions Judge, Jagdalpur (Bastar) in S.T. No. 303/2005, where by the said Court after holding the appellants guilty for the offence punishable under Section 302 read with Section 34 and Section 201, IPC, sentenced them to undergo imprisonment for life and R.I. for 3 years with a further stipulation that the sentence awarded under Section 201, IPC shall be deemed to be adjusted in the sentence of life imprisonment.

(3.) AFTER completion of the investigation, charge-sheet was filed in the Court of Judicial Magistrate, First Class, Jagdalpur, who in turn committed the case to the Court of Sessions Judge, Jagdalpur where the trial was conducted. The learned Sessions Judge after completion of the trial convicted and sentenced the appellants as aforementioned. The conviction of the appellants is based upon the sole testimony of P.W. 2, Foolmati, who is the wife of deceased.