GULLU ALIAS VINAY SHANKAR, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is preferred against judgment dated 10.10.2001 passed by Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989/Additional Sessions Judge, Bastar at Jagdalpur (CG) in Session Trial No. 156/2001 wherein the said Court convicted both the appellants for the commission of offence under Section 304 Part-II read with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for five years and to pay fine of Rs. 1000/-, with default stipulations.

(2.) In the present case name of the deceased is Budhu Ram. The deceased and his wife namely Tulsi were making bricks. On the date of incident when Budhuram was returning from the Court of Kondagaon, on the way the appellants assaulted him near Kopabeda canal by legs and fists which resulted into death of said Budhuram. The matter was reported and investigated and the appellants were charge sheeted. After completion of trial, both the appellants were convicted as mentioned above.

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