GIRIM SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 28-12-2003 passed by the First Additional Sessions Judge, Surguja, Ambikapur, Sessions Division Surguja at Ambikapur, in ST No.67 of 2011 wherein the said Court convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code (IPC) for committing murder of Jagsai Uraon (since deceased) and sentenced them to undergo RI for life and to pay fine of Rs. 1000/- each with default stipulations.

(2.) In the present case, name of the deceased is Jagsai Uraon. As per the version of the prosecution, there was some dispute between the deceased and the appellants on 26-8-2010 at about 10.40 am. In course of their altercation, both the appellants assaulted the deceased by hand, fist & club, as a result of which the deceased sustained injuries. Thereafter, the deceased was admitted at Primary Health Centre, Kamleshwarpur, where he succumbed to the injuries. The matter was reported to the Police of Police Station Kamleshwarpur. Upon registration of the First Information Report (FIR), the authorities investigated the matter. After completion of the investigation, charge sheet was filed and after conclusion of trial, the trial Court convicted & sentenced the appellants as mentioned above.

(3.) Shri Anil Das Kuldeep, learned counsel appearing for the appellants, would submit that :