KHEDU RAM Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 04-10-2003 passed by Sixth Additional Sessions Judge Raipur in ST. No.402/2002 whereby and thereunder learned Additional Sessions Judge after holding the appellant guilty for commission of murder of Lomas Satnami in sharing the common intention convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs.5000/- each, in default of payment of fine to further undergo additional rigorous imprisonment for three months each.

(2.) The judgment is impugned on the ground that without any clinching and credible evidence, the learned Court below has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) Brief facts of prosecution case are that on the fateful day of 08-04-2002 at about 7.45 P.M., deceased Lomas was coming with his son Dilip Kumar (PW-1) by motorcycle from Village Kosarangi to Village Farhada. They were intercepted by the present appellants who were holding stick and knife. The appellant Rajesh damaged his motorcycle and tried to attack upon Dilip. Again the appellants assaulted the deceased. The appellant Kheduram assaulted the deceased by knife and other co-accused assaulted by stick. The deceased fell and become unconscious. His brother Rajnarayan (P W-8) who was also present at the spot has seen the incident. They took the injured Lomas along with other persons to the Police Station, where Dilip Kumar (PW-1) lodged F.I.R. vide Ex. P-l. Injured was examined by Dr. S.R. Banjare (PW-3) and on finding injuries vide Ex.P-11: