SATISH TRIPATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this judgment, Cr. A. No. 334/2013, Cr.A. No. 362/2013, Cr.A. No. 461/2013, Cr.A. No. 468/2013 and Cr.A. No. 972/2013 (total five appeals) arise out of the judgment dated 25 -3 -2013 passed in Sessions Trial No. 76/2010 and Sessions Trial No. 166/2010 by the 1st Additional Sessions Judge, Ambikapur, Distt. Sarguja are being disposed of. By the impugned judgment, the appellants have been convicted and sentenced as mentioned in following chart : -

(2.) Brief facts of the case are that on 26 -9 -2009 at about 7 pm, P.W. 1 Ashish Kumar lodged an unnumbered merg intimation at District Hospital, Ambikapur stating that his uncle Gowardhan Agrawal deals in coal and on 26 -9 -2009 evening at 6.45 pm when he was returning to his home from his office behind BTI, in the road near the house of one Ambikeshwar Tiwari, Advocate, two unknown persons on a motorcycle fired at him by pistol as a result of which he sustained injury over left side of abdomen and right arm. He was taken to the District Hospital, Ambikapur by Prabodh Minj, Mayor in his Scorpio vehicle along with one P.W. 3 Kailash Agrawal and driver Ilias where during treatment Gowardhan Agrawal succumbed to the injuries at about 8.32 pm. He further stated that the deceased was being threatened for money over mobile phone. He expressed his doubt that those persons would have killed him. After unnumbered merg, P.W. 1 Ashish Agrawal also lodged unnumbered FIR to Gandhi Nagar Police at 10 pm at District Hospital, Ambikapur wherein he stated that his uncle Gowardhan Agrawal, the deceased was engaged in coal business. At about 1 1/2 month ago unknown persons threatened him over mobile phone for serious consequences and demanded money. His uncle informed about it to him and the family members. On 26 -9 -2009 at about 6.45 p.m. he had closed the office and gave key to the deceased. His uncle asked him to go to depot. He went to the depot situated at Bhagwanpur and the deceased in his Hero Honda Super Splendor motorcycle was going to his home at Navapara. P.W. 10 informed him that his uncle was shot at about 7 pm evening. When he reached to the spot he saw many persons and came to know that his uncle was taken to the District Hospital, Ambikapur by P.W. 24 Prabodh Minj, Mayor in his Scorpio vehicle along with his driver Ilias and P.W. 3 Kailash Agrawal. Then he reached to the hospital and saw bullet injury on his abdomen on left side and also on right arm. At about 8.32 pm in the night, Gowardhan Agrawal breathed his last. He further intimated that when his uncle was on the road behind BTI near the house of one Ambikeshwar Tiwari, Advocate two unknown persons fired at him from pistol and the incident was seen by nearby people Lagharam Soni, Sudarshan Soni, Ramesh Mittal. He expressed his doubt that the persons who demanded money and threatened his uncle would have shot dead his uncle. Police during inquiry after giving notice to the witnesses by Ex. P -4 conducted inquest vide Ex. P -5. Thereafter, police sent the body of the deceased for post mortem. P.W. 16 Dr. K.R. Tekam conducted autopsy on 27 -9 -2009 and opined that the death may be homicidal in nature.

(3.) The unnumbered merg was registered as Ex. P -38 by Gandhi Nagar police. FIR was also registered under Crime No. 308/09 Ex. P -37. All the accused persons were arrested as per the chart given below: -