B MOHAN AACHARYA Vs. STATE OF C G

JUDGEMENT

(1.) THIS Common judgment shall govern Criminal Appeal No. 286/ 2006 preferred by B. Mohan Aacharya and Criminal Appeal No. 960/2004 preferred by Paramjeet @ Pamme. Both the Appellants were convicted under Section 353, 307 and 427 I.P.C. read with Section 34 of IPC and were sentenced to undergo rigorous imprisonment for 1 year and to a fine of Rs. 500/- under Section 353 read with Section 34 of IPC, to rigorous imprisonment for 5 years and to a fine of Rs. 1,000/- under Section 307 read with Section 34 of IPC and to rigorous imprisonment for 1 year and to a fine of Rs. 500/-under Section 427 read with Section 34 of IPC by Shri L.R. Thakur, learned VII Ith Additional Sessions Judge, (F.T.C.), Durg vide judgment dated 04-11-2004 delivered in Sessions Trial No. 107/2004.

(2.) THE factual matrix in brief is that on 01-02-2004 at 00.10 Hrs. Constable Padum lal Sahu No. 557 P.W. -1 and Constable Hitesh Kumar No. 260 PW-2 who were on wireless duty at Police Outpost, Anjora, received information from Bhilai Police Control Room that one white coloured Tata Sumo Vehicle bearing Registration No. C.G.-04-B/5739 carrying illicit liquor and driven by B. Mohan Rao had fled after being intercepted by the police and had to be intercepted at Police outpost, Anjora. On receiving this information, Constable Padum lal Sahu P.W. -1 pulled down the barrier at Police Outpost, Anjora. Soon thereafter, the aforesaid vehicle was seen coming towards the barrier and was signaled to a halt. However, the driver of the aforesaid vehicle while attempting to crush Constable Padum lal Sahu P.W. -1 underneath the vehicle broke the barrier and fled with the Tata Sumo Vehicle.

(3.) BOTH the Appellants abjured the guilt. The prosecution examined as many as 9 witnesses. No evidence in defence was led by the Appellants. Relying upon the evidence led by the prosecution, the learned trial judge convicted and sentenced the Appellants as aforesaid in para-1. (Supra)