LARENS EKKA Vs. STATE OF C.G.

JUDGEMENT

(1.) AS these criminal appeals arise out of the common judgment dated 30.4.2011 passed by the 1st Additional Sessions Judge, Ambikapur, District Sarguja in Sessions Trial No. 283/2008, they are being disposed of by this common judgment. Appellants have been convicted under Sections 302/34 & 397 of the Indian Penal Code (for short "the IPC") and sentenced to undergo R.I. for life & fine of Rs. 500/ -, in default to undergo additional R.I. for two months and R.I. for 07 years & fine of Rs. 500/ -, in default to undergo R.I. for two months respectively.

(2.) AS per the prosecution case, both the accused/appellants were working as Constable in the armed force of the State. It is alleged that accused/appellant Goverdhan Yadav wanted to marry Vinayaka Yadav (PW -4), wife of deceased Vinod Yadav, and he had threatened her that in case she marries to someone else, he would first kill the said person and would take away said Vinayaka (PW -4). It is further alleged that on the date of incident, when the deceased was going on his motorcycle, the accused/appellants stopped him near Daldhowa Ghat i.e. on the main road, and thereafter accused/appellant Goverdhan Yadav caused gunshot injury to the deceased as a result of which he died. The deceased was immediately taken to the hospital with the help of Dr. Hari Shankar Mishra (PW -2) but he was declared brought dead in the hospital. Upon receiving information from Peon of hospital, Merg Intimation (Ex. P -2) was recorded at 12.05 noon and on the basis of merg enquiry, offence under Sections 302 & 394 of the IPC and Sections 25 & 27 of the Arms Act was registered against unknown persons. Postmortem on the dead body of deceased was conducted on 24.3.2008 by Dr. N.K. Dutt (PW -11) and as per postmortem report (Ex. P -5), cause of death was shock due to gunshot injury.

(3.) SO as to hold the accused/appellants guilty, the prosecution has examined 22 witnesses. Statements of the accused/appellants were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case and pleaded innocence & false implication.