SUNIL KUMAR SOOD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 9.12.2016 passed by Additional Sessions Judge (FTC) South Bastar, Dantewada in Sessions Trial No. 46/2009 convicting the accused/appellant under Section 120-B read with Section 302; under Section 302 read with Section 149; under Section 147 and under Section 148 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 5000/- u/s 120-B r/w 302; imprisonment for life and pay fine of Rs. 5000/- under Section 302 r/w 149 and RI for six months under Sections 147 and 148 IPC each plus default stipulations.

(2.) Case of the prosecution in brief is that on 18.1.1998 there was some dispute between Ram Pratap Singh (PW-6) and the accused/appellant herein over some trivial issue where the accused/appellant had threatened Ram Pratap Singh of dire consequence. It is alleged that when deceased Jai Prakash alias Dudha tried to pacify these disputing fellows accused Shyam Sundar Khatri who was also present there at the relevant time got annoyed with him and the deceased as well. When accused Shyam Sundar Khatri called Jai Prakash alias Dudha, it is Dipak Chouhan (PW-11) who went to him and told that as the dispute between the young guys has already been settled, it should not be aroused again. However, he did not swallow the advisory of Dipak Chouhan and remained over-brimmed with anger towards Jai Prakash alias Dudha. Prosecution story further reveals that on 20.1.1998 when Jai Prakash alias Dudha was taking rest in his room along with Vinod Tiwari (PW-5) and Sayed Akbar (PW-8), at about 11.30 PM the accused/appellant herein and accused Nimmo came there and called Jai Prakash alias Dudha. On being called, Jai Prakash alias Dudha accompanied them followed by Vinod Tiwari (PW-5) and Sayed Akbar (PW-8) and as soon as they reached near the shop of some Tapadia and Parasmal Jain (PW-2) situated at crossroads, the accused/appellant, accused Raj Kishore, Nimmo, Dhananjay, Shyamsundar Khatri and others opened assault on him with dagger, knife and sword. Accused Shyamsundar Khatri is alleged to have assaulted Jai Prakash alias Dudha on his head with dagger; accused/appellant with sword and others with knife. Even after Jai Prakash alias Dudha somehow managed to free himself from the clutches of accused persons and run home-wards, accused Shyamsundar Khatri again dealt a dagger blow on his chest and then all ran away on the vehicle of accused Happy. All this bloodshed is said to have been seen by Vinod Tiwari (PW-5) and Sayed Akbar (PW-8) as they were on the spot throughout. Second episode of the incident which took place near the house of Jai Prakash alias Dudha was witnessed by Dipak Chouhan (PW-11) and Ramvilas (not examined in this case as he died on 12.1.2010). Jai Prakash alias Dudha was taken to hospital in a jeep where he succumbed to the injuries. On 21.1.1998 at 12.05 AM FIR Ex. P-14 was lodged by Ramvilas (not examined) - the father of the deceased against the accused/appellant, accused Raj Kishore, Nimmo, Dhananjay and Shyamsundar Khatri for the offence under Section 302, 34 IPC. Immediately thereafter at 12.10 AM merg intimation Ex. P-14-A was also registered. Inquest on the dead-body was conducted on 21.1.1998 vide Ex. P-9 and thereafter the body was sent for postmortem examination on that very day which was conducted by Dr. R.K. Kuruvanshi (PW-09) who gave his report Ex. P-15. After investigation, charge-sheet was filed by the police followed by framing of charge by the Court below under Sections 120-B r/w 302, 302 r/w 34, 302 r/w 149, 147, 148 IPC and sections 25 and 27 of the Arms Act.

(3.) In order to prove its case the prosecution has examined 12 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied his guilt and pleaded innocence and false implication in the case.