RAJU KOSALE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence, passed by the learned Additional Sessions Judge, Bhatapara, District Raipur (C.G.) in Sessions Trial No.16/2011 on 25.02.2013 convicting the appellant for the offence under Section 304 of the Indian Penal Code (twice) sentencing him with simple imprisonment of 10 years and fine of Rs. 100 (twice) and under Section 307 of the Indian Penal Code (twice) and sentencing him with simple imprisonment for 1 year along with fine of Rs. 100/- (twice) with default stipulations.

(2.) The case of prosecution in brief is this that on account of previous enmity with the deceased Fulgopal and Shiv Kumar, the appellant with intention to cause their death, dashed the truck bearing registration No.C.G.-04-J.K.-9991 driven by him against the motor cycle on which both the deceased and injured Khelcharan and Ashwini were riding. Resultantly, Shivkumar died on the spot, whereas Fulgopal succumbed to the injuries later on and Ashwini suffered injuries. One unnumbered morgue intimation (Ex.P-2) was recorded on the spot on the basis of information given by Khelcharan (P.W.-3) on 28.02011. FIR (Ex.P-27) was also lodged by him. Offence under Section 279, 337, 304-A of the Indian Penal Code were initially registered against the appellant. Later on, on the basis of the investigation made and the statement given by the witnesses, the offences registered were converted for the offence under Section 302 of the Indian Penal Code (twice) and 307 of the Indian Penal Code (twice) and the charge-sheet was filed against the appellant before the concerned Court.

(3.) Appellant was charged with offence under Section 302 of the Indian Penal Code (twice) and 307 of the Indian Penal Code (twice). The appellant denied the charges and prayed for trial. The prosecution examined as many as 26 witnesses on its behalf. On examining the appellant under Section 313, he denied all the incriminating evidence against him and pleaded innocence and false implication. No witness was examined in defence. On completion of trial, impugned judgment has been delivered, in which the appellant was acquitted of the charge under Section 302 of the Indian Penal Code (twice) and instead of that he stands convicted and sentenced as mentioned hereinabove.