MOHD. YASIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have preferred this appeal under Sec. 374(2) of Code of Criminal Procedure, 1973 (for short, 'CrPC') questioning the impugned judgment of conviction and order of sentence dtd. 3/3/2022 passed by the First Additional Sessions Judge, Raipur (C.G.) in Sessions Trial No. 211/2017, whereby the trial Court has convicted and sentenced the appellants with a direction to run all the sentences concurrently in the following manner : For Appellant No.1 Mohd. Yasin :

(2.) Case of the prosecution, in brief, is that complainant Rajeev Bhosale (PW-1) does property dealing business, who has business relations with Bablu alias Irfan. On 15/6/2017, at around 9.30 pm, complainant Rajeev Bhosale met with Bablu alias Irfan at Pachpedhi Naka, Raipur, thereafter he came to his home with Bablu and from there at around 10.00 pm, he took Bablu alias Irfan along with his son Chaitanya Bhosle, aged 03 years to his father's house in Sejbahar in Innova car bearing registration No. MP 28-BD-4488 to wish his sister a happy birthday, from where after wishing her happy birthday and having food, while returning to his home with Bablu alias Irfan and his son, he was sitting in driving seat of his Innova car and Bablu alias Irfan was sitting on the seat next to him with his son Chaitanya in his lap. After that, as soon as the complainant started moving his car, two people came from the front in a Pulsar bike and parked the said motor-cycle in front of his car and they stopped the car by giving a signal. At the same time, from behind two other persons came in other motor-cycle and stood on the side seat of the car, out of which, seeing the boy sitting behind in the motor cycle, Bablu alias Irfan said, Hey Asif, where, then, the person named Asif took out his pistol from his waist and fired a shot at Bablu's head, due to which Bablu alias Irfan got injured on his head and started bleeding, seeing the situation complainant Rajeev Bhosle got extremely scared and immediately took his car to his father's house and informed his brother Rahul about the incident and along with Rahul, he took injured Bablu to the District Hospital, Raipur for treatment. On the way to the hospital, Bablu alias Irfan died. It is stated that Bablu alias Irfan and Asif Muslim had an old rivalry.

(3.) After getting information about the incident, police of Police Station Mujgahan came to the spot in the night itself, to which complainant Rajeev Bhosale informed about the incident and lodged a report. On the basis of the report of the complainant, dehati nalishi was registered on the spot itself against the accused Asif and 03 others by the Police Station Mujgahan on zero basis for the offence punishable under Sec. 302, 34 IPC and after coming back to the police station, on the basis of dehati nalishi, First Information Report under Crime No. 155/2017 was registered by Inspector Hemchandra Verma for offence under Sec. 302/34 IPC against Asif Muslim and 3 others. In the meanwhile, after receiving the written information (Ex.P-21) of death of Bablu alias Irfan sent by the Office of Emergency Medical Officer, District Hospital Raipur to Police Station Kotwali Raipur, an unnumbered case of accidental and untimely death was filed, and as the incident being related to Police Station Mujgahan, it was registered at zero and was sent to Police Station Mujgahan, on the basis of which, Merg No. 30/2017 was registered in Police Station Mujgahan. Inspector Hemchandra Verma immediately left for the District Hospital and proceeded with the Panchnama of the body of deceased Bablu alias Irfan, and after giving notice of Ex.P-6 to the witnesses, he prepared the Panchnama Ex.P-7 of the body of the deceased Bablu alias Irfan and along with the application, the body of the deceased was presented to the doctor through constable Arjun Sinha number 878 for getting the postmortem done. The postmortem on the dead body of the deceased was conducted by Dr. S.K. Bagh (PW-18), who found following injuries :-