BABLU PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 31. 08. 2001 passed by First Additional Sessions Judge, Baikunthpur, Koria (C. G. ) in Session Trial No. 171/2001, wherein the said court convicted all the three appellants for commission of offence under Sections 304 (Part-II) & 323 of IPC , 1860 and sentenced to undergo R. I. for 5 years each and R. I. for 6 months to appellant No. 1 & 2 only respectively.

(2.) As per case of the prosecution, the appellants on 10. 03. 2001 at about 8 p. m. at Village-Badi Aani assaulted victim Nirmal by iron rod and club in furtherance of common intention who succumbed to injuries. Again, they assaulted Dharamjeet and Dhansai. The matter was reported, all the appellants were charge-sheeted for commission of murder of Nirmal and for assaulting other persons and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under:-