SHIV KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 9.1.2002 passed by the 3 rd Additional Sessions Judge, Ambikapur, District Surguja (CG) in S.T. No.116/94 convicting the accused/appellants under Section 147 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to pay fine of Rs.1,000/-, in default to undergo additional R.I. for 4 months.

(2.) The prosecution story, in brief, is that on 6.7.1987 at about 2 in the afternoon in village Kanakpur the accused/appellants have formed an unlawful assembly and in furtherance of common object of that assembly murdered Parahuram. The first information report was lodged by Dhanpat (PW-1) on 7.7.1987. After completion of investigation, charge sheet under Sections 147 and 302/149 of IPC was filed against the accused/appellants before the Court below followed by framing of charges by the Court below under the aforesaid sections.

(3.) The prosecution in order to bring home the charge levelled against accused/appellant examined 14 witnesses in all. Statements of accused/appellants were recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence and false implication.