BORA @ MANMOHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 14.01.2009 passed by First Additional Sessions Judge, Manendragarh (CG) in Session Trial No.96/2007 wherein the said Court convicted all the six appellants for commission of offence under Sections 307 read with 149, 148, 323 read with 149 and 506 Part-II of the Indian Penal Code, 1860 and sentenced them to undergo rigorous imprisonment for ten years and to pay fine of 500.00 each; RI for two years; RI for one year; RI for three years with default stipulation.

(2.) As per the version of the prosecution, on 15.5.2007 at about 9.00 pm, victim Jainul Haq was working in the beetal shop where other victims namely Guddu @ Rizwan Ahmad was standing nearby and another witness Mohd. Arif was also present there. It is alleged that all the appellants came on the spot carrying club and sword assaulted Guddu @ Rizwan and when the complainant and Arif interfered, the appellants assaulted them also. The matter was reported and the appellants were charge sheeted and convicted as mentioned above.

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