ANIL DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of same Session Trial No. 50 of 2011, they are heard analogously and are being disposed of by this common judgment.

(2.) Both the appeals are preferred under Section 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 24-12-2016 passed by Additional Sessions Judge, Korba, District Korba in Session Trial No. 50 of 2011 wherein the said Court convicted the appellants for commission of offence under Section 224, 332 and 307 of IPC of IPC and sentenced them to undergo RI for one year and fine of Rs. 1000/-, RI for one year and fine of Rs. 1000/- and RI for seven years and fine of Rs. 2,000/- with default stipulations. In addition to that, appellant No.1 Baburam Kahar @ Raju Kahar @ Babu Paswan in CRA No. 539 of 2017 has also been convicted under Section 27 of the Arms Act, 1959 and sentenced to undergo RI for three years and fine of Rs. 1000/- with default stipulations.

(3.) As per prosecution case, all the appellants were in custody for commission of offence and when they were bringing to Central Jail, Bilspur on 31-3-2011, in order to flee from the custody they threw chilly powder in the eyes of Police Officials and thereafter appellant Baburam fired from pistol to commit murder of Police officials and again they voluntarily caused hurt to Head Constable Prabhakar Ram, constable Prafull Shukla and constable Rajaram Singh to deter them from their duties. The matter was reported and investigated and after completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.