HEGH CQU’RT OF CHHATTESGARH AT BILASPUR CR. APPEAL NQ. g51f2008 CREMENAL APPEAL UNDER SECTEoN 374m m? CREMIKAL PROCEoURE €933,1g73. §$E :Hon’ble Mr. ‘3‘.P.Shaxma, J.) Presens‘k Ms. Sareena Bee, Advocate for the appellants. Mr. Sameer Behar, PL. for the State/respondent. ORAL- ORDER (Passed an 07f 1 1 f 200$; 1. This petition is directed against the judgment dated 22/8f2008 passed by F'Est Addiiional Sessions Judge, Mahasamund in Sessions Trial NO. 38]2008 wheieby learned First Additionai Sessions Judge after hoiding the appellants guilty for the offence eunishable umier Sections 323 reed with Section 34 of the Indian Penal Code convicted the appeEmts and sentenced imprisonmetit already undergone. 2. The judgment is challenged on the ground that Without any credible and reliable evidence Court below has convicted and sentenced the appellants aforementioned although, appellants have suffered the sentence. They want Challenged the legality and propriety of the order of conviction. 3. Ms. Sareena Bee, Advocate for the appellants and Mr. Sameer Behar, RL. tor the State] respondent are heard. APPELLANTS 1. Ram Vishal S/o Fulsingh, aged. about 55 years, 2. Suresh Si’o Ram Vinshal, aged about 24 years, Both R/o GarhsivnL Police Station ’I‘umgaon, Distn'ctMahasamund (C.G.}. VERSUS RESPGNBENT v Sham of ChhattiSgarh, through Police Statioii Tumgaon, Distiict Mahasamunc§ (C.G.). @ k... Z1“ 4. Leamsd counsel for the applicants submits that stamment of complainant/injured witnass Komal Whom prosecution has declared S. On the othey hands, Learned counsel for the State submits that ‘ ongmallv thls “as the case of u11der Secnon 307,134 of tae hldiaxl Penal Code and after apprecmtmg the ev1dence available on record leamed Court below has eomocted and. sentenced The appellants oniy unoer 1 Section 323/34 of the Indian Penal Code. The conviction of the appellailts is based on substantive maten'al available on recond. 6. The judgment impugned reveals that appellants has assaulted the appeal is dismissed at me stage of admission. sd/a 1:9. Sham V Judge r w \, ‘ ’nA - 1 x