PARASRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeals arise out of a common judgment, therefore, they are decided together.

(2.) The appeals have been preferred against the judgment dated 30.11.2018 passed by the Additional Sessions Judge (Special Judge, CBI), Raipur in Sessions Trial No.235 of 2017, whereby the accused persons/Appellants have been convicted and sentenced as under:

(3.) Prosecution case, in brief, is that on 4.9.2017 at about 7 pm Goverdhan alias Babla (PW3) and Jivrakhan (PW1) were returning from Kurud on a motorcycle, which was being driven by Jivrakhan. On the way, they stopped for consuming gutkha. Jivrakhan went to a shop for purchasing gutkha. Goverdhan alias Babla was talking with someone on his mobile phone. At that time, two persons covering their faces with cloth came from towards Samoda on a motorcycle. The pillion rider of that motorcycle asked Goverdhan alias Babla about way and thereafter he took out a revolver and shot two fires which hit his stomach and chest. Thereafter, both the riders of that motorcycle fled from there towards Chikhli. Injured Goverdhan was taken to Ramkrishna Care Hospital, Raipur on a Tata Sumo Vehicle by Rakesh Sahu, Ramnath and Nakul Chakradhari. On getting information, Investigating Officer Bodhan Sahu (PW17), Inspector, Police Station Aarang reached the hospital. Thereafter, Dehati Nalishi (Ex.P21) was lodged by Roopkumar (PW6). During the course of investigation, Investigating Officer Bodhan Sahu reached the spot and prepared spot-map (Ex.P17). Blood stains lying on a stone were collected from the spot vide Ex.P24. Two numbers of empty cartridges were also seized from the spot vide Ex.P19. After return to the police station, Investigating Officer Bodhan Sahu recorded First Information Report (Ex.P33) on the basis of Dehati Nalishi. During the course of treatment, injured Goverdhan was examined and treated by Dr. Vikram Sharma (PW15). Total 5 injuries were found on the body of injured Goverdhan. Out of them, two gun shot injuries were found. Injury No.4 was entry wound of 2x2 cms. on left side of the stomach. Injury No.5 was exit wound of 2x0.5 cms. on right side of the stomach at a distance of 4 cms. away from the navel. After CT scan, it was found that there were holes in small and big intestines and there was bleeding due to which the injured undergone surgery on 4.9.2017. His medical report is Ex.P28. He was discharged from the hospital on 19.9.2017. During the course of investigation, statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure in which a fact emerged that Appellants Parasram and Doman were at inimical terms with injured Goverdhan. On 12.9.2017, Appellants Doman, Parasram and Lalit were taken into custody and their memorandum statements (Ex.P1, P6 and P3 were recorded, respectively). On 19.9.2017, memorandum statement of Appellant Bhupendra was recorded vide Ex.P8A. It is disclosed by these four Appellants that there was an enmity between Appellants Parasram, Doman and injured Goverdhan due to election rivalry since 2015. In February, 2017, Appellant Parasram came to Appellant Doman and prepared a plan for killing of Goverdhan. Thereafter, Appellant Doman met with Appellant Bhupendra. Appellant Bhupendra also got ready for killing of Goverdhan. In February, 2017 itself, Appellant Doman took a sum of Rs.50,000/- from Appellant Parasram for purchasing a pistol. In July, 2017, Appellant Doman contacted with Suresh Mishra, a guard of Medishine Hospital, Raipur for purchasing a pistol. Along with Suresh Mishra, Appellant Doman went to Bhadauhi, Gopiganj, Uttar Pradesh where Suresh Mishra settled purchase of a pistol for Rs.90,000/-. At that time, Appellant Doman had a sum of Rs.30,000/- and, therefore, he returned from there without purchasing a pistol. On 25.8.2017, Appellant Doman again went to Bhadauhi, Gopiganj, Uttar Pradesh along with Appellant Bhupendra for purchasing a pistol from where they purchased a pistol and cartridges and returned. Thereafter, Appellants Doman and Bhupendra met with Appellant Parasram and settled to commit murder of Goverdhan for Rupees Six Lakhs. Thereafter, on 2.9.2017, Appellants Lalit and Bhupendra went to Village Kurud and made a search of the area. On 4.9.2017, both again went to Village Kurud on a motorcycle. Appellant Lalit was driving the motorcycle. Appellant Bhupendra fired two shots from a pistol on Goverdhan. Thereafter, both fled from there. It is also disclosed by the Appellants in their memorandum statements that after the incident, in the night, at about 10 pm, Appellant Bhupendra informed Appellant Doman on mobile phone that they had fired gun shots on Goverdhan. Thereafter, on 5.9.2017, Appellant Parasram came to Raipur and gave a sum of Rupees Three Lakhs to Appellant Doman. Out of which, Appellant Doman gave sums of Rs.50,000/- each to Appellants Bhupendra and Lalit. On the basis of memorandum statement of Appellant Doman, cash of Rs.88,000/- and a mobile phone containing two sims were seized from Appellant Doman vide Ex.P2. On the basis of memorandum statement of Appellant Lalit, a Yamaha motorcycle and a mobile phone of Apple Company were seized from Appellant Lalit vide Ex.P4. On the basis of memorandum statement of Appellant Lalit, cash of Rs.30,000/- was seized vide Ex.P5 from Appellant Lalit on being given by him after taking out from behind Khallari Temple situated over Kodar Dam in the jungle. A Wagon R car and a microphone mobile were seized from Appellant Parasram vide Ex.P7A. A country-made pistol and two numbers of empty cartridges were seized from Appellant Bhupendra vide Ex.P9. A mobile phone of Vivo Company and cash of Rs.5,000/- were seized from Appellant Bhupendra vide Ex.P10. Out of the amount which was received by Appellant Doman from Appellant Parasram, a sum of Rs.17,000/- each was given by Appellant Doman to Rikhiram and Virendra which were seized from Rikhiram and Virendra vide Ex.P11 and P20, respectively. It is the further case of the prosecution that on 2.9.2017 and 4.9.2017, Appellants Bhupendra and Lalit had gone to the shop of Manharan Chakradhari (PW2) and purchased gutkha from there. Test Identification Parade of Appellants Bhupendra and Lalit was conducted by Tahsildar Parvati Patel (PW13) vide Ex.P7 and Ex.P8 in which Manharan (PW2) had identified Appellants Bhupendra and Lalit. After completion of investigation, a chargesheet was filed against the accused persons/Appellants. Charges were framed against them.