(1.) Heard Ms. Aditi Singhvi, learned counsel for the appellant. Also heard Mr. Soumya Rai, learned Deputy Government Advocate, appearing for the respondent/State.
(2.) This criminal appeal filed by the appellant/accused under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the impugned judgment of conviction and order of sentence dtd. 10/2/2023 passed by the learned Additional Sessions Judge Kondagaon, District- Kondagaon (C.G.) in Sessions Case No. 41/2021 by which the appellant has been convicted for the offence as under:-
(3.) Case of the prosecution, in brief, is that on 29/5/2020 the complainant Gautam Dhamage, who was posted as a Head Constable in the 09th Vahini, B Company of the Chhattisgarh Armed Force at Amdai Ghati Camp, Police Station- Chhotedongar, District Narayanpur, gave oral information at Police Station- Narayanpur regarding the incident. He stated that on the night of 29/5/2020, after having dinner he was sleeping in his barrack. At about 11:30 PM he heard the sound of firing, whereupon he immediately picked up his weapon and rushed towards the front to take his position. At that time it came to light that APC Ghanshyam Kumeti had fired shots inside the camp.