SAMAR VIJAY SINGH Vs. STATE OF CG

JUDGEMENT

(1.) VIDE Judgment dated 23rd February, 2000 delivered in Sessions Case No. 07/1999 by Shri A.S. Naidu, Sessions Judge, Sarguja, the appellant Samar vijay Singh was convicted under Section-302 of the I.P.C. for committing murder of Ku. Preeti Shrivastava by intentionally causing her death on 03-12-1998 at 10.45 A.M. in Govt. Girls College Campus, Ambikapur by running her over by Jeep No. M.P. 27-B-1068 and sentenced to undergo imprisonment for life and a fine of Rs. 1,000/- & in default to undergo additional rigorous imprisonment for 6 months. Co-accused Rajkumar Tiwari, Javed Alam & Ganesh Kashyap were convicted under Section 302 read with. Section of the I.P.C. for intentionally causing the death of Ku. Preeti Shrivastava in furtherance of the common intention with the appellant Samar Vijay Singh and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- and in default to undergo additional regorous imprisonment for 6 months. Co-accused Ranvijay Singh Tomar, father of appellant Samar Vijay and owner of the jeep used by the above accused persons for committing the aforesaid offence was acquitted from the charge under Section 201 of the I.P.C.

(2.) APPELLANTS Samar Vijay Singh and Raj Kumar Tiwari preferred Criminal Appeal No. 594/2000 while appellants Javed & Ganesh preferred Criminal Appeal No. 716/2000, assailing their conviction and sentence as aforesaid. The State Preferred Criminal Appeal No. 1239/2000, for enhancement of sentence awarded to the appellants & Criminal Appeal No. 783/2005 against the acquittal of Ranvijay Singh Tomar under Section 201 of the I.P.C. This judgment governs all the abovementioned appeals.

(3.) KU . Vijaylaxmi PW-7, threw a stone on the jeep, which hit the bumper of the jeep. She noted down the number of the jeep in her palm as M.P.-27- 1962. Ku. Lalita Yadav PW-6, attempted to catch hold of one of the appellants but she was pushed and fell down. Ku. Vijaylaxmi noticed that the jeep had a "sticker" "Vote for the Congress" on the back number plate.