BADAN Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 28.12.2010 passed by the Additional Sessions Judge, Gariyaband, Raipur in Sessions Trial No. 09/2010 convicting the accused/appellant under Sections 302, 323 and 427 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 5000 u/s 302, rigorous imprisonment for one year u/s 323 and rigorous impriosnment for two years u/s 427 IPC, plus default stipulations.

(2.) As per the case of prosecution on 27.11.2009 at about 9 pm when Basant Kumar Khandekar (PW-1), Akshhay Nand (PW-2) both forest guards, Guruwaru (PW-3) the Beat Guard and Bharat (PW-4) the peon in the forest department were sitting near the house of Deputy Forest Ranger namely Mark Tandi (deceased), they heard some noise like that of cutting of tree and arrival of some vehicle. On hearing this noise, Basant Kumar Khandekar (PW-1) called Deputy Forest Ranger namely Mark Tandi on his cell phone. Thereupon, the deceased Forest Ranger asked him to call Akshhay Nand (PW-2) forest guard and Bharat - the watchman, and all of them went inside the jungle where they saw two persons carrying torch and some gun-like weapon. Immediately thereafter, about 8- 10 persons came out from the dense forest, out of whom two persons caught hold of deceased forest ranger, started abusing him saying as to why he had come in the jungle, and slapped Basant Kumar Khandekar (PW-1) on the neck, and seeing this, Basant Kumar Khandekar, Akshhay Nand, Guruwaru and Bharat ran towards jungle leaving the motorcycle there itself. In the next morning all of them went to the house of the deceased forest ranger and came to know through his wife that he had not returned. Thereafter, they along with other villagers went to the spot in search of deceased forest ranger but as he could not be located, they got back to the village and after some time one Jagat Rawat of Idagaon informed them about somebody lying in the jungle. On hearing this, they proceeded to the jungle and found the dead body of the said forest ranger. Inquest Ex. P-3 was made on 28.11.2009. On that day itself at about 11.05 am, FIR (Ex.P-1) was registered against 10-12 persons for the offences under sections 147, 148, 149, 435, 323, 302 IPC and 25, 27 Arms Act followed by merg recorded at 11.15 am vide Ex. P-2. Postmortem examination was conducted on the body of the deceased on that very day by Dr. Anju Sonwani (PW-14) who gave her report Ex. P-20 stating that cause of death was haemorrhagic shock due to head injruies, and the death was homicidal in nature.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 16 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.