DEEPCHAND BAHUGUNA Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 22.09.2011 passed by the Additional Sessions Judge, Durg (C.G.) in S.T. No.23/2010 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.5,000/ -, in default of payment of fine to undergo additional R.I. for 6 months.

(2.) As per case of prosecution, Constable Sharad B. Satyen (deceased) and accused/appellant Deepchand Bahuguna were working as soldier of India in Tibbat Border Security Force and at the time of incident, both were residing in a room of Hostel No.1, Sector -3, Bhilai. On 11.12.2009, at about 6.00 p.m., some altercation took place between them. Suresh Kumar (PW -4), who was present near the room entered the room and intervening in their matter said that Inspector Ajay Verma was coming this side, thereafter, he left the room. After sometime, he heard the sound of gunshot, he entered the room and saw the deceased lying in pool of blood, he snatched the rifle from the hands of accused and called for catching hold of the accused because he fired a shot at deceased by gun. Some other officials of the force came there and accused had made oral and written confession before them that he had fired a gunshot at deceased. Injured Sharad B. Satyen was shifted to Jawahar Lal Nehru Hospital, Sector -9, Bhilai by the Health Officer, where he was declared dead. From the hospital information of death of deceased was sent to police station, Bhilai Bhatti vide Ex.P -19. On the basis of written report (Ex.P -1) sent by Ashok Kumar Yadav (PW -3), Assistant Commandant, 35 Bn. I.T.B Police Force, Merg No. 46/2009 (Ex.P -5) and FIR No. 173/2009 (Ex.P2) were registered.

(3.) The investigating Officer reached to the Hospital and after giving notice to the witnesses vide Ex.P -3 prepared inquest on the dead body of the deceased vide Ex.P -4. Dead body of the deceased was sent for post -mortem to District Hospital, Durg, where Dr. Akhilesh Yadav (PW -14) conducted autopsy on the dead body of the deceased vide Ex.P -30 and found following injuries : -