JAI @ GUDDA JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As all these four appeals arise out of a common judgment of conviction and order of sentence dated 30.4.2012 passed by the Sessions Judge, Bilaspur in ST No.169/2010, they are being disposed of by this common judgment. By the impugned judgment, the accused/appellants Jai @ Gudda and Manoj Agrawal have been convicted under Sections 147, 148, 302, 302/149 of IPC and Sections 25 & 27 of the Arms Act whereas accused/appellants Vijay @ Hallo, Ajay @ Chhotu, Hani, Samrat & Rishiraj have been convicted under Sections 147, 148, 302/149, 302/149 of IPC and Vijay @ Hallo, Ajay @ Chhotu, Hani & Rishiraj have also been convicted under Section 25 of the Arms Act. The sentence awarded to them is as under:

(2.) In the present case, there are two deceased persons namely Gudda Sonkar @ Krishna Kumar and Nanka Sonkar @ Rajendra Ghore. As per prosecution case, on 9.6.2010 at around 12.15 am in the car parking of hotel Intercity, the accused persons were standing surrounding two deceased persons and altercation was going on between them. It is alleged that except accused Nos. 4 & 5 (Samrat & Manoj Agrawal), all the accused persons were carrying firearms. During altercation, accused No.5 Manoj Agrawal snatched pistol from the hand of accused No.1 Jai @ Gudda and after abusing one of the deceased namely Gudda Sonkar and saying that if Jai @ Gudda cannot shoot Gudda Sonkar, he himself would do the same, fired a gunshot near the cheek of Gudda Sonkar as a result of which Gudda Sonkar fell on the floor. When the second deceased Nanka Sonkar, brother-in-law of first deceased Gudda Sonkar, intervened in the matter, accused No.1 Jai having snatched pistol from the hand of accused No.5, caused a gunshot injury to Nanka Sonkar as a result of which he also fell down on the floor. Thereafter, the accused persons fired randomly. Further case of the prosecution is that as the first deceased Gudda Sonkar was alive, the other accused persons shouted that he is still alive, on which accused No.1 Jai caused another gunshot injury on the chest of Gudda Sonkar and thereafter, all of them ran away from the spot. It is said that while the altercation was going on between the accused/appellants and two deceased persons, the first deceased Gudda Sonkar had made a telephonic call to PW-12 Jugal Kishore who was sitting in another hotel Surya and informed him about the quarrel. After receiving the said information PW-12 in his Scorpio vehicle rushed to hotel Intercity along with one Alok Singh (not examined) and saw accused No.1 Jai @ Gudda and accused No.5 Manoj Agrawal causing gunshot injuries to the deceased persons. Then PW-12 took Gudda Sonkar to CIMS in his Scorpio vehicle where he was declared brought dead. Likewise, other injured Nanka Sonkar was taken to Apollo hospital in a police jeep as in the meanwhile PW12 had informed the police regarding the incident from Intercity hotel itself, where he too was declared dead.

(3.) On 9.6.2010 itself at 2.30 am FIR (Ex.P/33) was lodged by PW12 Jugal Kishore against the appellants and three others under Sections 147, 148, 149, 302 of IPC and 25 & 27 of the Arms Act. Merg intimation (Ex.P/34) regarding death of Gudda Sonkar was recorded on 9.6.2010 at 2.35 am whereas merg intimation (Ex.P/35) in respect of deceased Nanka Sonkar was recorded on the same day at 2.40 am at Police Station Torva, Distt. Bilaspur. In the meanwhile, unnumbered merg Ex.D/7 was recorded at 1.30 am regarding death of Nanka Sonkar at Police Station Sarkanda on the basis of information sent from Apollo Hospital. Inquest on the body of deceased Gudda Sonkar was conducted on 9.6.2010 vide Ex.P/3 and inquest in respect of deceased Nanka Sonkar is Ex.P/4 which was also conducted on the same day.