BHARAT NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since these Criminal Appeals arise out of a common judgment dated 06.08.2015 passed by the Additional Sessions Judge, Kabirdham in Sessions Trial- 09 of 2013, they are being disposed of by this common judgment.

(2.) The appellants have preferred these appeals against the judgment of conviction and order of sentence dated 06.08.2015 passed by the learned Additional Sessions Judge, Kabirdham (Kawardha) in Sessions Trial No. 09 of 2013, whereby the appellants have been convicted and sentenced as given below:

(3.) Prosecution story, in brief, is that injured Rishabh Jain @Monu was having a jewellery shop at Pandatarai and every day he used to travel in a bus from Kawardha to Pandatarai. On 29.08.2012 he closed his shop and kept gold and silver ornaments of the shop in a white bag and was returning to Kawardha by Bhoramdev bus. At that time, near Sarangpur square he heard a loud voice and an unknown man who was sitting next to him tried to loot his white bag and also tried to take his phone and cash which he had kept in his pocket. Rishabh Jain when resisted him to take his white bag, that unknown man assaulted him on his head with a country made pistol by which he fell on the ground and became unconscious. The unknown man fled with the white bag. When Rishabh Jain became conscious, the checker of the said bus told him that some unknown person had gunned down driver of the bus. On the basis of a complaint lodged by one Suresh Kumar Vaishnav (PW-3, Crime No.176 of 2012 has been registered at Police Station Bodla.