BHARAT LAL Vs. STATE OF C.G

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 7-5-2004 in Sessions Trial No. 274/2003 by the Additional Sessions Judge, Sakti, District Bilaspur, whereby the Appellant was convicted under Section 302 read with Section 34 of the Indian Penal Code for committing murder of one Ramcharan on 8-10-2002 at about 5 P.M. in Village Bodsera near the canal adjacent to the field of Agardas in furtherance of common intention shared with the absconding accused Rajendra and sentenced to imprisonment for life and to fine of Rs. 1,000/- and in default to undergo rigorous imprisonment for 3 months.

(2.) IT is not in dispute that Rajendra alias Ram Kumar, who is alleged to have hacked Ramcharan by a sharp edged weapon to wit Gandasa was declared absconding under Section 299 of the Code of Criminal Procedure and did not face trial. Another co-accused Ratan was tried by the Juvenile Court. Co-accused Narayan, Khuburam, Ajuram, Ramprasad, Ramesh Kumar, Sukhram, Mohanlal, Dineshram, Tijuram, Puniram were acquitted of the charges under Sections 120B, 148 and 302 read with Section 149 of the Indian Penal Code while the Appellant was also acquitted of the charges under Sections 120B and 148 of the Indian Penal Code.

(3.) SHRI Ajay Ayachi, learned Counsel for the Appellant Bharat Lal submitted at the very outset that he would assail the Appellant's conviction under Section 302 read with Section 34 of the Indian Penal Code solely on the ground that the act of the Appellant in assaulting Ramcharan on the back of head only once by means of a Danda would not travel beyond Section 304 Part II of the Indian Penal Code and since the Appellant Bharat Lal had already undergone incarceration from 14-10-2002 till date, i.e., 6 years and 5 months approximately, conviction of the Appellant and the sentence awarded by the trial Judge should be modified to Section 304 Part II of the Indian Penal Code and to sentence already undergone by the Appellant. No other argument was advanced.