RAM CHANDRA DUBEY Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 16.9.2009 passed by the Additional Sessions Judge (FTC), Pratappur, Distt. Surguja in S.T.No.250/07 convicting the accused/appellant under Sections 396 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs.1000/- and in default thereof to suffer additional R.I. for two months.

(2.) Brief facts of the case are that on 31.12.2006 deceased Raju Yadav and his cousin Jagdish Yadav were transporting some articles from Korba to Delhi. On the way near one Ashok Line Dhaba they stopped the truck, at about 10 pm when deceased Raju Yadav and Jagdish Yadav were about to sleep, deceased Raju Yadav sustained gunshot injury in his abdomen. It is alleged that the said gunshot injury was caused by co-accused Chhatrapal (since deceased). Further case of the prosecution is that the deceased was subjected to gunshot injury as number of dacoits had gathered there and were threatening to take money from the truck. It is said that after committing dacoity six dacoits fled from the spot. Injured Raju Yadav was taken to Wadrafnagar Hospital but he was declared brought dead. On 1.1.2007 unnumbered merg (Ex.P/22) and unnumbered Dehalti Nalishi (Ex.P/23) were recorded at P.S. Pratappur, Camp Wadrafnagar, and thereafter numbered merg (Ex.P/18) was recorded at P.S. Pratappur, Distt. Surajpur and then FIR (Ex.P/17) was registered at the instance of Jagdish Yadav (PW-19) against 10-15 unknown persons under Sections 302, 395, 396 of IPC and Sections 25 & 27 of the Arms Act. Inquest over the body of the deceased was prepared vide Ex.P/25. Postmortem on the body of the deceased was conducted by PW-3 Dr.R.B. Prajapati, vide Ex.P/3 wherein he noticed rupture of lung, liver, stomach, fracture of ribs caused by firearm and opined that the cause of death was excessive bleeding due to shock and the death was homicidal in nature. The appellant was arrested on 22.1.2007 whereas co-accused Chhatrapal and Teju were arrested on 5.1.2007. On 22.1.2007 memorandum of the accused/appellant was recorded vide Ex.P/9 in presence of PW-6 Mohd. Aajam and PW-8 Sushant Kumar Paikra. Based on the memorandum of the accused/appellant seizure Ex/12 of Rs.500/- was effected. Identification parade was conducted on 22.1.2007 by PW-20 Jageram, Tehsildar, vide Ex.P/2 in which PW-11 Anil Pandey, Dhaba owner, identified the accused/appellant. Other coaccused namely Chhatrapal and Teju were also identified vide Ex.P/6 by Anil Pandey (PW-11) and Uttam Chand (PW-12). After investigation charge sheet was filed against the accused/appellant and two other convicted accused persons namely Chhatrapal and Teju under Sections 395, 396 of IPC and Sections 25 & 27 of the Arms Act before the concerned jurisdictional Magistrate whereas in relation to three other juvenile co-accused trial was conducted before the Juvenile Board and charges were framed accordingly against them.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 20 witnesses. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.