KALAM ANSARI Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Sec. 374(2) of the CrPC, the appellant herein has called in question his conviction recorded under Ss. 302 & 307 of the IPC and further called in question the sentences awarded to him i.e. imprisonment for life & fine of Rs.1,000.00 and rigorous imprisonment for seven years & fine of Rs.500.00, with default stipulation, respectively, by the Special Judge (SC/ST Prevention of Atrocities Act), Surajpur, in Special Sessions Trial No.16/2014.

(2.) Case of the prosecution, in brief, is that on 24/2/2014 at about 9.30 a.m., one Dhanushdhari (PW-1) - injured witness, was coming along with Ayodhya (deceased) (pillion rider) in his motorcycle bearing registration No.CG-15/CC-1497 from Gopalpur and proceeding towards Barbaspur, Police Station Pratappur, Distt. Surajpur and when they reached near Dabgadi Para, the accused / appellant who was coming in the pickup vehicle bearing registration No.UP-64/H-4048 by driving the same from opposite side (from Barbaspur towards Rajpur road) having noticed the presence of Dhanushdhari (PW-1) and identified him to be Dhanushdhari, suddenly turned the pickup vehicle in order to dash him with intention to cause his death {death of Dhanushdhari (PW-1)}. It is the further case of the prosecution that in order to save himself, Dhanushdhari (PW-1) moved his motorcycle down to road to the extent of 20 meters and despite that, the accused / appellant with intention to kill him, chased and dashed the motorcycle driven by Dhanushdhari (PW-1) over which Ayodhya was sitting as pillion rider, by his pickup vehicle and resultantly, Dhanushdhari (PW-1) & Ayodhya both suffered grievous injuries. The appellant herein immediately absconded from the spot and local persons of the locality who heard the noise of incident, reached to the spot and rescued Dhanushdhari (PW-1) & Ayodhya and escorted them to the Government Hospital where Ayodhya succumbed to death on account of the injuries sustained by him and Dhanushdhari (PW-1) suffered grievous injuries which were sufficient to cause death. Thereafter, the jurisdictional police took cognizance of the matter and registered first information report (FIR) on 24/2/2014 bearing Crime No.49/2014 in Police Station Pratappur, Distt. Surajpur for offence punishable under Sec. 307 of the IPC against the appellant herein and arrested the appellant on 26- 2-2014 vide Ex.P-18. During the course of investigation, the police also seized documents relating to general meeting and proceedings of Gram Sabha of Gram Panchayat Barbaspur dtd. 25/1/2014 vide seizure memo Ex.P-3 and general meeting as well as the proceedings have been described as Articles A-3 & A-2, respectively. Spot map Ex.P-13 was prepared by the concerned Patwari Ajit Pratul Ekka (PW9). Caste certificate of Dhanushdhari (PW-1) was seized vide Ex.P-2 and described as Article A-1. Dr. A.K. Vishwakarma (PW-3) examined the dead body of deceased Ayodhya and prepared postmortem report Ex.P-9. He also examined injured Dhanushdhari (PW-1) and medical report of his injuries was prepared vide Ex.P-8. Statements of witnesses were recorded under Sec. 161 of the CrPC..

(3.) After completion of investigation, charge-sheet was filed against the appellant for offence under Ss. 302, 307 & 427 of the IPC and Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act of 1989'), before the jurisdictional criminal court which was committed to the Court of Sessions for hearing and disposal in accordance with law.