PITAMBER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is listed for hearing on I.A. No.2 of 2019 application for suspension of sentence and grant of bail to the appellant, however, with the consent of learned counsel for the parties, it is heard finally.

(2.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 7/9/2011 passed by learned Additional Sessions Judge, Bemetara, District Durg (C.G.) in Sessions Trial No. 16 of 2010, whereby the appellant stands convicted under Ss. 302 and 120B of IPC for committing murder of Bihari Das and sentenced to undergo life imprisonment and fine of Rs.500.00, in default of payment of fine to undergo further rigorous imprisonment for two months on each counts. The appellant has been further convicted under Sec. 404 of IPC and sentenced to undergo rigorous imprisonment for three years, with direction to run all the sentences concurrently.

(3.) However, the trial Court has convicted and sentenced two accused persons namely Pitamber @ Gandhi (present appellant herein) and co-accussed Bharat Das under the aforementioned Ss. of IPC. The appeal i.e. Cr.A. No. 774 of 2011 filed by co-accused Bharat Das was dismissed on merits by this Court on 6/7/2017.