MOHAMMAD YUNUS KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These seven appeals arise out of the same impugned judgment dated 17.10.2001 passed by the First Additional Sessions Judge, Ambikapur, District Surguja, in Sessions Case No. 317 of 1998, whereby each of the Appellants stand convicted and sentenced to undergo rigorous imprisonment for 1 year and to pay fine of Rs.500/- with default sentence of 6 months rigorous imprisonment under Section 148 of IPC and also to undergo rigorous imprisonment for 3 years and to pay fine of Rs.1000/- with default sentence of 6 months rigorous imprisonment under Section 307/149 of IPC. Both the sentences were directed to run concurrently.

(2.) Case of the prosecution in brief is that on 14.4.1998 an FIR was lodged at around 8:40pm at Police Station Ambikapur by PW-4 Raghvendra Singh alias Sanjay Singh stating that the accused Appellants came to his house at State Bank Colony, Navapara and knocked at the door and when he came out and opened the door he saw the accused persons namely Ajay Tamrakar, Bharat Tamrakar, Sudhir Soni, Ravi Tamrakar standing in front of the door of his house and the other accused persons were standing behind and they started using abusive language against him and immediately his father also came at the door along with his (PW-4) sister, Ratna Singh. After a brief hurling of abuses, one of the Appellants namely Prakash Tamrakar took out a country made pistol and fired at the complainant (PW-4) and as a result of the fire, the pellets hit the complainant on his left shoulder and also few of the pellets hit his sister Ratna Singh (PW-5). Meanwhile, the other accused persons standing behind also used abusive language against the complainant and his family members and all the accused Appellants is said to have threatened the complainant of dire consequences and thereafter they left the place.

(3.) In due course of time, after investigation, the matter was put to trial where the case after committal was placed before the Court of First Additional Sessions Judge, Ambikapur where the case was registered as Sessions Case No. 317 of 1998. In all, there were seven accused persons and after conclusion of the trial, based on the evidence which has come on record particularly the statement of the injured witnesses, the Court below vide impugned judgment dated 17.10.2001 reached to the conclusion that the prosecution has been able to establish its case beyond all reasonable doubts and accordingly convicting each of the Appellants under Sections 148 and 307/149 of IPC, sentenced them to the period as mentioned in the first paragraph of this judgment. It is this judgment which has been assailed by the respective Appellants in the present seven appeals being decided analogously by this common judgment.