(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 26-08-2002 passed by 1st Additional Sessions Judge. Durg (CG) in S.T. No. 97/2002 whereby and whereunder he convicted and sentenced the appellants No. 1 to 6, 8 and 9 and deceased appellant No. 7 Dhansingh, whose appeal stood abated on his death during the pendency of this appeal, as under :-
(2.) In brief, case of the prosecution is that on 17-11-2001 at about 3.00 pm at village Shiv Kokdi, a dispute arose between complainant Gariba and appellant Jageshwar Kewat on account of grazing by bull in the field of appellant Jageshwar Kewat. On 18-11-2001 at about 7 am aforesaid appellants, reached near court of Lachchhi Ram along with club stick and crow bar and beaten complainants Smt. Mankunwar, Gariba and Smt. Mathura Bai with intention to kill them. On very day Sheshnarayan gave the information in outpost Bori where unnumbered nalishi was lodged. After completing investigation, a charge sheet was filed against aforesaid appellants. Trial Court framed charges against them under Sections 147, 148, 307/149 of the IPC. Aforesaid appellants abjured the charges and faced trial. After conclusion of the trial, Trial Court convicted them as aforesaid.
(3.) Shri H.B. Agrawal, Sr. Adv. for the appellants No. 1 to 6, 8 and 9 argued that the Trial Court has not appreciated the evidence in proper perspective. The conviction and the sentences of the appellants No. 1 to 6, 8 and 9 are bad in eyes of law. Thus, the appellants No. 1 to 6, 8 and 9 may be acquitted of the aforesaid charges.