BIRBAL B CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellants in these appeals were tried by the Second Additional Session Judge, Raipur for offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860 in Sessions Trial No. 103/92, convicted and sentenced to undergo rigorous imprisonment for a period of five years on both counts. Criminal Appeals No. 603/1993, 634/1993, 881/1993, 1172/1993, 1173/1993 and 1174/1993 filed by the Appellants having been dismissed by the High Court of Chhattisgarh, Bilaspur by its order dated 9th July, 2010, the present appeals have been filed to assail the correctness of the said judgment and order.

(2.) Briefly stated, the prosecution case against the Appellants was that on 10th February, 1992, (PW1) Lokesh Agarwal was travelling from Pusaur to Raigarh on a motorbike with his friend Rashid late in the evening when he saw eight to ten persons at Kota Tarai near airport holding sticks in their hands. They tried to stop and then chase the duo who fled from the spot and went straight to Raigarh Police to report about the incident. Sub-Inspector A.K. Khan (PW5) recorded the report and informed Stations Incharge at Kotwali Raigarh and Pusaur with a request to them to reach the spot. The police constituted four smaller groups to approach the place where the Appellants were said to be sitting under a tree with lethal weapons in their hands. The Appellants were surrounded and asked to surrender whereupon they tried to escape from the spot but the police party apprehended the Appellants along with the arms they were carrying besides eatables and liquor. Some of those assembled on the spot, made their escape good under the cover of darkness.

(3.) On completion of investigation into the case a charge sheet was filed against eleven persons for offences punishable under Sections 399 and 402 Indian Penal Code. The jurisdictional Magistrate soon thereafter committed the Appellants to stand trial before the Sessions Judge, Raigarh, who made over the case to the Second Additional Sessions Judge, Raigarh.