PUNEM SONU Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence dated 1st March, 2013 passed by learned Additional Sessions Judge, Daxin Bastar, Dantewada, in S.T. No. 173/09 whereby and whereunder, the appellants have been held guilty of commission of offence alleged against them and sentenced as described below:

(2.) As the incident was reported to have happened within the jurisdiction of Police Station-Jangla, the FIR recorded in Police Station-Bhairamgarh was taken to Police Station-Jangla, where FIR (Ex. P-8) was registered on 7.6.2009 at 11:10 hrs. against the appellants for alleged commission of offences to commit murder of police officers. Spot map was prepared in Ex. P-6. Further case of the prosecution is that from the possession of the appellants, caught from the spot of firing, a gun, explosive, detonators, bags containing items of daily use, wire were seized in presence of witness vide seizure memo of Ex. P-1, Ex. P-4 and Ex. P-7. The samples of explosives were also drawn and sealed and a panchnama of this proceeding was prepared in Ex. P-9 which was sent for chemical analysis to the Forensic Science Laboratory. After completion of usual investigation and recording statements under Section 161 of Cr.P.C., charge sheet was filed in the Court of Chief Judicial Magistrate, Beejapur, who, in turn committed the case for trial court to the Court of Sessions, Dantewada.

(3.) On the basis of the material contained in the charge-sheet, the learned trial Court framed charges against each of the appellants on 12.3.2010, wherein it was alleged that on 2.6.2009 at 11:10 hrs. at Machhed hills of village Potenar, 22 k.m. away on south-west of Police Station-Bhairamgarh, the appellants along with 40-50 naxallites armed with dangerous weapon, formed un-lawful assembly with the common object of killing members of police party and in furtherance of this common object, opened firing and thereby committed offence under Sections 148 and 307/149 of the IPC. The appellants abjured guilt and they were put to trial.