(1.) Invoking criminal appellate jurisdiction of this Court, the present criminal appeal under Sec. 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been iled by the appellant herein calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dtd. 18/1/2018 passed by the Additional Sessions Judge, Fast Track Court, South Bastar, Dantewada, Chhattisgarh in Sessions Trial No.139/2012, whereby the appellant has been convicted under Sec. 302 of the Indian Penal Code (hereinafter referred to as 'the IPC') and sentenced to undergo imprisonment for life and with ine of Rs.100.00, in default of payment thereof, he has to undergo additional rigorous imprisonment for one month and and he has been further convicted under Sec. 307 (3 counts) of the IPC and sentenced to undergo rigorous imprisonment for ten years and with ine of Rs.100.00 (3 counts), in default of payment thereof, he has to undergo additional rigorous imprisonment for one month. Both the jail sentences are directed to run concurrently.
(2.) Prosecution story in brief is that on 8/7/2012, after having lunch, Kheduram Sori, Constable No.960 (PW-07), Lakhmuram, Constable No.666 (PW-08) and Bablu Barsa, Constable No.33 (PW-13) were washing their hands and cleaning their utensils at hand pump and at that point of time appellant Suresh Kujur (Constable No.393), who was laced with S.L.R. Rile in his hand, reached near the hand pump and after illing in chamber of the magazine started iring at them with intention to kill them and when he missed the shots, all of them present there started running around and took shelter. When the appellant did not see anyone, he started running towards Morcha No.1 where he found constable No.647, namely, Golmundru (deceased) and shot him on his back due to which he sufered grievous injuries on his body and died on the spot.
(3.) Morgue intimation (Ex.P/6) regarding death of Constable Golmudru (deceased) was recorded by Shatrughan Nag, A.S.I. (PW-11). He also lodged First Information Report (Ex.P/5) in Police Station Pamed, District Bijapur (C.G.). Vide Property Seizure Memo (Ex.P/4) total three empty cartridges and blood stained soil were seized. One S.L.R. rile and 17 live cartridges were seized from possession of the appellant. Inquest proceeding was conducted vide Ex.P/7A and the dead body of Golmudru was subjected to post-mortem examination which was conducted by Dr. G.S. Dhruw (PW-6) and post-mortem report is Ex.P/02 in which cause of death is opined as syncope and severe hemorrhage, injuries are reported to be anti-mortem and nature of death is reported to be homicidal. Statements of witnesses were recorded under Sec. 161 of the CrPC.