JAVED ALAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in these appeals is to the judgment of a Division Bench of the Chhattisgarh High Court, Bilaspur upholding the conviction of the appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). By the impugned judgment, the High Court upheld the conviction of appellant Samar Vijay Singh for offence punishable under Section 302, IPC for committing the murder of Ku. Preeti (hereinafter referred to as the deceased) on 3.12.1998 in Government Girls College Campus, Ambikapur by running over her a jeep. The co-accused appellants Javed, Raj Kumar and Ganesh were convicted under Section 302 read with Section 34, IPC for causing death of Ku. Preeti in furtherance of their common intention with the appellant-Samar Vijay Singh. Co-accused Ranvijay Singh, father of accused Samar Vijay and owner of the jeep was acquitted of the charge under Section 201, IPC.

(2.) Prosecution case is that on 3.12.1998 Ku. Preeti Srivastava, a student of B.A. final in Govt. Girls College, Ambikapur was sitting with Ku. Vijaylaxmi Mishra (PW-7, Ku. Seema Mishra (PW-8) and Ku. Nisha Thakur (PW-17) in the campus of the College since the second period was free. Her bag and tiffin were kept by the side of the road. Many other girls were basking in the sun inside the campus. At about 10:45 a.m., a jeep driven by Samar Vijay Singh suddenly entered the college campus and crushing the bag and the tiffin of Ku. Preeti Shrivastava underneath, went ahead. Accused-Rajkumar Tiwari, Javed Alam and Ganesh Kashyap were accompanying Samar Vijay Singh in the jeep. Seeing her tiffin and bag crushed by the jeep, Ku. Preeti Srivastava decided that she would stop the jeep on its return and ask the driver to make good the loss suffered. When the jeep returned, Ku. Preeti stopped the jeep, stood in front of it and asked accused-appellant Samar Vijay Singh to repair the tiffin and bag for her. Hearing this, the occupants of the jeep including the driver started laughing. The girls noticed that the occupants of the jeep were calling each other by names and thereby learnt that Samar Vijay Singh, the driver of the jeep was accompanied by Rajkumar Tiwari, Javed Alam and Ganesh Kashyap. Appellant Samar Vijay Singh asked Ku. Preeti to get out of his way failing which, threatened to crush her under the jeep. However, Ku. Preeti stood firm and did not budge. Accused Rajkumar Tiwari, Javed and Ganesh asked Samar Vijay Singh to crush Ku. Preeti if she did not give way. Upon this, Samar Vijay Singh moved the jeep ahead and pushed Ku. Preeti who fell down. When the girls were about to move for picking up Preeti, Samar Vijay Singh reversed and then accelerated the jeep ahead, crushing Preetis head under the jeep in the process and ran away with the co-appellants. Ku. Vijaylaxmi PW-7, threw a stone at the jeep, which hit the bumper of the jeep. She noted down the number of the jeep in her palm as M.P. 27- 1962 Lalita Yadav PW-6, attempted to catch hold of one of the appellants but she was pushed and fell down. Ku. Vijaylaxmi noticed that the jeep had a sticker "Vote for the Congress" on the back number plate. The girls got frightened and informed Asst. Professor Smt. Archana Singh (PW-9) and Asst. Professor Smt. Pratibha Singh PW-10 about the incident who along with Ku. Lalita Yadav (PW-6, Ku. Vijaylaxmi (P.W.7, Ku. Kumudini Kerkatta (PW 4) and Ku. Urmila Paikra (PW-5) took the injured Ku. Preeti to the District Hospital, Ambikapur. Clerk Tarachand Sahu PW-11 of the Girls College reached the spot thereafter and on being instructed by the Principal lodged the F.I.R. Ex.P-12 at 11.00 a.m. in Police Station, Ambikapur to Assistant Sub-Inspector B.N. Singh (PW-31) After investigation charge-sheet was filed. Since the accused persons abjured guilt the trial was held. Prosecution examined 39 witnesses. Learned Sessions Judge acquitted Ranvijay Singh for want of evidence and convicted rest of the accused persons as noted above. The basis of conviction was as follows :

(3.) Stand of the appellants before the High Court was that there was no legal evidence on record to substantiate the conviction and sentence. No common intention of the occupants to cause the death of Ku. Preeti was established by the prosecution. Seema Misra (PW-8) had stated that the driver of the jeep wanted to get away as fast and, therefore, offence if any committed by the driver would not travel beyond Section 304, IPC. The act was nothing but a rash and negligent act without any intention to kill the deceased. The High Court did not accept the stand and upheld the conviction.