RAMNARAYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 06.8.2001 passed by 6th Additional Sessions Judge (FTC), Surajpur (CG) in Session Trial No.158/2000 wherein the said Court convicted all the three appellant for commission of offence under Section 325 read with Section 34 of the Indian Penal Code, 1860 and sentenced them to undergo rigorous imprisonment for five years and to pay fine of Rs. 3500/- each with default stipulation.

(2.) In the present case, the appellants were charge sheeted for commission of offence under Section 302 and 302/34 IPC for committing murder of one Ram Singh on 20.3.2000 on the date of holi festival at about 4.00 pm at village Panchavati, Police Station Ramanujnagar. FIR was lodged at Police Station Ramanujanagar by one Bheem Sen on 22.3.2000 in which names of three appellants were mentioned as culprits. As per the version of the prosecution witnesses, appellant Ramnarayan called the deceased and took him towards his house. On reaching there, the appellant abused the deceased. In the meanwhile, other two appellants namely Jagnarain and Tilak also reached there and all three conjointly started beating him with fists and kicks. Hriday Sing (PW-5) and Subran Singh intervened and thereafter Ramsingh informed the incident to his father Bheem Sen (PW-1), his mother Smt. Karmi Bai (PW-10) and his wife Smt. Manmati (PW-9). The matter was reported and investigated and the appellants were charged and convicted as mentioned above.

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