ABHISHEK DIWAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is against the judgment of conviction and order of sentence dtd. 15/7/2020 passed by the 12th Additional Sessions Judge, Raipur, in S.T. No.193/2016 whereby the appellant has been convicted under Sec. 302 of the Indian Penal Code (for short 'the IPC') and under Ss. 4 read with Sec. 25 (1-b) (b) and 27 (1) of the Arms Act and sentenced him to undergo Life Imprisonment; imprisonment for 3 years and imprisonment for 7 years, respectively with usual default stipulations. All the sentences were directed to run concurrently.

(2.) (i) Case of the prosecution, in brief, is that prior to 17/6/2016 the appellant Abhishek Diwan lost money in IPL gambling. He obtained loan of Rs.25,000.00 from Akash Tiwari (since deceased). Thereafter, within a period of one month he had returned an amount of Rs.35,000.00 to the deceased. In this regard, before a week from 17/6/2016 some quarrel took place between the accused and the deceased. For which the accused was holding animosity against the deceased. On 17/6/2016 at about 8.00 pm, the deceased along with his friends namely; Piyush Shukla (PW-14) and Atit Pandey (PW-11) were near at Baniyan Tree of Rohinipuram Pond where the deceased called the accused by phone. On which the accused went to his house; took pistol with three rounds; and went on his two wheeler vehicle bearing registration No.CG-04-LB-5716 and fired three gun shots whereby the deceased sustained injuries. Thereafter, the accused assaulted the deceased by the handle of pistol and fled away. Piyush Shukla (PW-14) reported the matter at DD Nagar Police Station whereby initially on a First Information Report (FIR) (Ex.P/27) Cr.No.151/16 for offence under Sec. 307 of the IPC and Ss. 25 and 27 of the Arms Act was registered and started investigation. The injured was admitted in the hospital and statements of witnesses were recorded. From the spot the bloodstained soil and one blank cartridge of 7.65 was recovered. During the course of treatment the deceased died. Thereafter, the offence under Sec. 302 of the IPC was added.

(3.) During trial the appellant/accused abjured his guilt and claimed to be tried. The prosecution examined as many as 19 witnesses and exhibited 54 documents. Upon appreciation of evidence, the trial Court came to a finding that the appellant has committed the offence and convicted and sentenced him as mentioned above. Thus, this appeal.