Order on Board

28/01/2025

1. Since both the appeals arise out of common judgment of conviction and order of sentence, therefore, both the appeals are heard together and are being decided by a common order.

2. The present appeals are directed against the judgment of conviction and order of sentence dated 03.08.2023 passed by the learned 9^th Additional Session Judge, Raipur in Session Trial No.397/2021, whereby the appellants have been convicted under Section 307 read with Section 34 of IPC and sentenced to undergo RI for 7 years and fine of Rs.2000/-.

3. The prosecution case, in brief, is that the complainant Rambha Nishad lodged a written complainant alleging that on 31.10.2020 at about 9:00 pm, she was informed by her grandson Prashant Nishad that Manish is being beaten by some persons, upon which she rushed there and saw that Manish was being assaulted by the appellants with sharp edged weapon on his stomach and shoulder, thereafter a case was registered against the accused persons. After completion of investigation, the charge sheet was filed before the Magistrate concerned.

4. Learned counsel for the appellant submits that the judgment passed by the learned Trial Court is contrary