MAGHAVENDRA PRATAP SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The following three questions arise for consideration :

(2.) Maghavendra Pratap Singh @ Pankaj Singh (referred to as Pankaj Singh) has preferred the present appeal against the Judgment dtd. 14/1/2016 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.468 of 2013. He alone stands convicted for having committed an offence punishable under Sec. 302, Indian Penal Code, 1860, with life imprisonment and a fine of Rs.1000.00­ with further imprisonment of 6 months in default; under Sec. 201 of the IPC, punishable with 7 years RI with a fine of Rs.1000.00­ and 6 months RI for default; under Sec. 25(1)(1­b)(a) of the Arms Act, 1959 3 years RI with fine of Rs.1000.00­ and 6 months RI for default. The sentences were awarded to run concurrently.

(3.) The incident which led to the present case was that a businessman by the name of Goverdhan Aggarwal (hereinafter, the deceased) and certain others were threatened, and a demand of rupees ten lakhs was made from each of them. On 26/9/2009 the deceased left his office at about 7:00 PM for his home when two motorcyclists shot him. He was taken to the District Hospital, Ambikapur, in the car of PW­24, namely Prabodh Minz, where he died. That night, an FIR was registered at the P.S. Gandhi Nagar (Ex.P­37). The body was sent for a post­mortem vide Memo under Ex.P­39. After due investigation, a chargesheet was filed, stating that all the accused persons, including Sunil Paswan, Pankaj Singh, and Pappu Tiwari, came together and, in agreement, committed or caused to be committed the murder of Gowardhan Aggarwal. In pursuance of the said agreement, Pappu Tiwari made available the motorcycle, Pankaj Singh conveyed the information of the deceased having departed from his office, Abhishek Singh carried Sunil Paswan and the weapons as pillion rider on the said motorcycle on the evening of 26/9/2009 at about 7:00 PM, where Sunil Paswan then shot the deceased.