BABLOO ALIAS JAKIR HUSSAN; KASAM ALI (SINCE DECEASED) Vs. STATE OF CHHATTISGARH THROUGH P S DURG, DISTT DURG (CG)

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 25-4-2001 passed by 3rd Addl. Session Judge, Durg CG in S.T. No. 180/2000 whereby and whereunder he convicted and sentenced each of the appellants as under:- <FRM>JUDGEMENT_148_LAWS(CHH)2_2019_1.html</FRM>

(2.) In brief the prosecution case is that on 31-3-1999 at about 22.00 hour at Bus Stand, Durg, complainant Brijesh Singh had gone to take the charge of cycle stand of bus stand Durg from old contractor Sanjay Tiwari. Sanjay Tiwari had asked him as to why he had beaten appellant No. 2 Kasam Ali. Sanjay Tiwari and appellant No. 2 Kasam Ali caught hold complainant, deceased appellant No. 1 Bablu alias Jakir Husain tried to cause blow on abdomen of complainant by knife, complainant stopped blow thus, injury was caused on his abdomen and right hand. Complainant lodged report on very day by 22.30 hour at police station Durg. After completion of the investigation a charge sheet was filed against the appellants and co-accused Sanjay Tiwari under Sec. 307/34 of the IPC. Trial Court framed charge against the appellants and co-accused Sanjay Tiwari under Sec. 307/34 of the IPC. They abjured the charges and faced trial. To bring home the charge prosecution examined as many as 10 witnesses. They did not examine any witness on his defence. After conclusion of the trial, the trial Court convicted and sentenced appellants as aforesaid. However, trial Court acquitted the co-accused Sanjay Tiwari of the charge punishable under Sec. 307/34 of the IPC.

(3.) Being aggrieved by aforesaid conviction and sentence, the appellants have preferred this criminal appeal.