RAMKISHAN PATHAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 24.12.2004 passed by Special Judge, Raigarh (C.G.) in Special Case No. 57/2003, 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 3 years and fine of Rs. 2000/- each with further default stipulations.

(2.) In the present case, name of the victim is Daniram. On the date of occurrence i.e. on 15.07.2003 between 7-8 a.m. when victim- Daniram reached to railway station- Kharsia, in the meantime, both the appellants asked him to take liquor. There was some altercation between them and the appellants assaulted him. Matter was reported, investigated and after completion of trial, the trial court convicted the appellants as mentioned above.

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