SAKHANLAL YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 13-4-2010 passed by 2nd Additional Sessions Judge (FTC), Mungeli (CG) in Sessions Trial No. 30 of 2009 wherein the said Court convicted the appellant for the commission of offence under Section 201 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for four years and to pay fine of Rs. 500/- with default stipulations.

(2.) In the present case, on 10-3-2009 at about 11.00 a.m., prime accused Santosh Yadav came armed with a spade saying that deceased father Lakhanlal mortgaged land and not giving money and assaulted thrice on the head of deceased. When the complainant Saraswati (PW/5) tried to intervene, co-accused Santosh assaulted her too. Appellant has been tried for offence under Section 201 and 195-A of IPC, but he is convicted under Section 201 of IPC on the ground that he has given false information regarding falling of deceased from stairs in order to screen the real offender from legal punishment.

(3.) Learned counsel for the appellant would submit as under: