DHALCHANDRA GAYAKWAD AND ANR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Mr. Pushpendra Kumar Patel, Advocate has been engaged for arguing the case on behalf of the appellants. Despite repeated calls, he has not appeared when the case is called for final hearing, therefore, Mr. Amiyakant Tiwari, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellants.

(2.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 24.05.2010 passed by Eighth Additional Sessions Judge (FTC), Durg (C.G.) in Session Trial No. 186/2009, wherein the said court convicted both the appellants for commission of offence under Section 307 of IPC, 1860 and sentenced to undergo R.I. for 7 years and fine of Rs. 500/- each with further default stipulations.

(3.) In the present case, name of the victim is Yogendra Banjare. As per version of the prosecution, on 30.10.2009, the victim went to well situated near his house for bath. At that very time, the appellants reached the spot and saying the victim that he chatted too much, assaulted the victim on the point of knife in his chest and thrown him into the well. The matter was reported, the appellants were charge-sheeted and after completion of trial, the trial court convicted as mentioned above.