CHAMAR SINGH MARAR S/O SAGBAR RAM Vs. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE RAIGARH, DISTRICT RAIGARH (CG)

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 31-8-2012 passed by the Additional Sessions Judge, Sarangarh (CG) in Sessions Trial No. 37 of 2011 wherein the said Court has convicted the appellants for commission of offence under Sections 307 read with Section 34 and Section 323 read with Section 34 of IPC and sentenced them to undergo rigorous imprisonment for seven years and to pay fine of Rs.1000/- and RI for one year, with default stipulations.

(2.) As per version of prosecution, Dharmendra Sahu and Tarachand Sahu are the victims of the incident and the date of incident is 25-8-2011 near grocery shop situated at village Lendra. It is alleged that both the appellants were hidden and after seeing Tarachand Sahu they assaulted him by clubs on his head and other parts of the body till he became unconscious. When Dharmendra Sahu intervened in the matter, they also assaulted him. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellants would submit as under: