BUDDHIRAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 4.12.2003 passed by the 5th Additional Sessions Judge, Durg in S.T. No.10/02 convicting accused/appellant No.1 under Section 302 of the Indian Penal Code (for short 'the IPC') and Section 25 / 27 of the Arms Act and sentencing him to undergo RI for life & fine of Rs.3,000/-, in default to undergo additional RI for 3 months, and R.I. for 1 year respectively. Accused/appellant Nos.2 & 3 have been convicted under Section 302/34 IPC and sentenced to undergo RI for life and fine of Rs.100/-, in default to undergo RI for 1 month.

(2.) In the present case name of deceased is Vinod Kumar Choudhary.

(3.) The prosecution story, in brief, is that on 18.11.1999 in between 7.30 & 7.45 a.m. accused/appellants No.1 & 2 herein caused gunshot injury to deceased Vinod Choudhary as a result of which he died on the spot itself. Another accused namely Omprakash is said to have helped other accused persons in commission of the offence. Immediately after the incident at 8.30 a.m. FIR (Ex.P-1) was lodged by PW-1 Rajkumar, brother of deceased and eyewitness to the incident, stating therein that when he was in his hotel, he was informed by someone that his brother is being beaten by the accused/appellants herein and absconded accused namely Ashok and when he reached the spot, he saw that the deceased was caught hold of by accused/appellant Omprakash and absconded accused Ashok and accused/appellant Buddhiraj & Indrasen had caused gun shot injuries to the deceased. He has further stated that his niece Poonam (PW-2) had also witnessed the incident. Immediately after the incident the report was registered at the instance of PW-1. Inquest was prepared over the body of deceased vide Ex.P-3 on 18.10.1999. Body of the deceased was sent for post-mortem examination which was conducted by Dr. A.K. Sahu (PW-11) and he noticed following injuries on the body of deceased:-