SURESH KUMAR DEHRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 30.6.2010 passed by the Additional Sessions Judge (FTC), Bemetara, in S.T.No.43/2007, whereby & whereunder after holding the appellants guilty for formation of unlawful assembly having its common object to kidnap Pawan Thakur and commit his murder and also the offence under Section 177 of the Motor Vehicles Act and in furtherance of common object for kidnapping and murder of Pawan Thakur by members of unlawful assembly convicted them under Sections 302, 364 & 147 of the IPC and Section 177 of the Motor Vehicles Act and sentenced to undergo imprisonment for life & fine of Rs.3000/-, in default of payment of fine to further undergo R.I. for ten months, R.I. for seven years & fine of Rs.2000/-, in default of payment of fine to further undergo R.I. for six months and R.I. for one year and under Section 177 of the Motor Vehicles Act, fine of Rs.50/-, in default of payment of fine to undergo S.I. for seven days.

(2.) Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, both the parties are members of bus operating agency. On 28.8.2007 Mayank Soni (PW-2), Ramadhar Rajak (PW-3) and Manish Kumar Choubey (PW-9), Laxman Yadav and Atish Choubey had gone to Bemetara for lodging the complaint before the Sub-Divisional Magistrate. After lodging complaint while they were coming back to Sambalpur, unfortunate deceased Pawan Thakur met with them at village Jevra Pithora who also came with them, they reached Sambalpur at 10 p.m., Suraj Chouhan and Pawan Verma also reached to the house of Mayank Soni for Rakhi festival, thereafter they went towards Sambalpur bus stand where the appellants were present, appellant Ramesh Dehre abused them, thereafter the appellants chased them for causing injury, they rushed from the spot for saving themselves, but unfortunate deceased Pawan Thakur and injured Pawan Verma were caught hold by the appellants, the appellants took them towards Mungeli by vehicle, they waited for Pawan Thakur and Pawan Verma up to 2 !4 to 3 a.m., but Pawan Thakur and Pawan Verma did not come back, thereafter one Lalla Satnami informed them that Pawan Thakur is lying near hostel stained with blood and Pawan Verma is missing, they immediately reached to the spot, they tried to bring him in car, but he was not alive, they brought dead body of deceased Pawan Thakur to Police Station Nandghat where Mayank Soni (PW-2) lodged F.I.R. vide Ex.P/1. Merg was recorded vide Ex.P/2.