BABLU ALIAS SEKH JALALUDDIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dtd. 30/10/2007 passed by the Additional Sessions Judge (FTC) Raipur, in Sessions Trial No. 327/2006 convicting the accused/appellant under Ss. 302/34, 323/34, 341/34 IPC as well as 25 and 27 of the Arms Act and sentencing him to undergo imprisonment for life with fine of Rs.500.00 u/s 302/34; rigorous imprisonment for six months u/s 323/34; to pay fine of Rs.500.00 u/s 341/34; to undergo rigorous imprisonment for one year with fine of Rs.100.00 u/s 25 of Arms Act and rigorous imprisonment for three years with fine of Rs.500.00 u/s 27 of the Arms Act, plus default stipulations.

(2.) Facts of the case in brief are that on 19/4/2006 at about 4.30 PM FIR Ex. P-5 was lodged by Abdul Matin (PW-6) alleging that at the relelvant time he was working with Ambika Industries and doing the work of cooler. He is stated to have taken the work from the accused/appellant and absconding accused Abhishek alias Ibrahim for repair of the cooler but could not pay the amount therefor. However, he had assured them to make payment whenever received by him from the employer. It is alleged that on that day at about 4 PM the accused persons stopped deceased Javed and Mustaq Khan (PW-13) and after hurling abuses caused them injuries with hockey stick and knife. Based on this report, offences under Sec. 341, 294, 506-B, 323, 34 IPC were registered against the accused/appellant and absconding accused Abhishek alias Ibrahim. However, during treatment on 24/4/2006 Javed died in the hospital. Un-numbered merg Ex. P-31 was recorded on the same day followed by numbered merg Ex. P-17. Inquest Ex. P-10 was conducted on 24/4/2006. Thereafter, body was sent for postmortem examination which was conducted by Dr. Vikas Kumar Dhruv (PW-3) who gave his report Ex. P-3. After completion of investigation, charge-sheet was filed against the accused appellant as well as absconding accused Abhishek alias Ibrahim 341, 294, 506-B, 323, 302, 34 IPC. Trial Court however framed the charge against the accused/appellant u/s 341/34, 294, 506-B, 323/34, 302/34 IPC as well as 25 and 27 of the Arms Act.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 20 witnesses. Statement of the accused under Sec. 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.