SANJAY KUMAR AND ORS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 30-6-2009 passed by the Additional Sessions Judge, Janjigir, Session Division Jajgir Champa (CG) in Sessions Trial No.3 of 2009 wherein the said Court convicted the appellants for the commission of offence under Section 307 read with Section 34 of the IPC and sentenced them to undergo rigorous imprisonment for RI for seven years and to pay fine of Rs.500/-, with default stipulations.

(2.) In the present case, name of the victim is Prahlad. As per version of the prosecution, victim is a resident of village Jilmili. On

(3.) -8-2008 at about 7.00 pm., he went to his court-yard and was giving paddy-grass to his cattle and he was telling that nobody is hearing to give grass to his cattle and his son and daughter-in-law have left the home. At the same time all the four appellants namely Sanjay Kmar, Rajenra Kumar, Sukhan Bai and Fuleshwari assaulted him by axe, sword, knife and piece of brick. He sustained injuries on his head, hand and back. The matter was reported to the Police Station and after completion of investigation charge sheet was filed, the appellants did not plead guilty and the trial was conducted. After completion of trial, the trial Court convicted and sentenced the appellants as aforementioned. 3. Learned counsel for the appellants submits as under: