RAZA AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) This is an appeal against the judgment dated 23.02.2015 passed by the Additional Sessions Judge, Pendra Road, District Bilaspur in S.T. No.38/2012 whereby the appellant No.1 Raza @ Raja Pathan has been convicted under Sections 307/149 (twice), 148/149 and 506 (Part - 2) IPC and under Sections 25 (1) (1- B) (A) and 27 (2) of Arms Act and has been sentenced for 10 years RI under Section 307/149 IPC and a fine of Rs. 500/- and in absence of payment of fine, additional 2-2 months RI was ordered for, he has further been sentenced to 1 year R.I. under Section 148/149 IPC and fine of Rs. 100/- and in absence of payment of fine, additional 1 month RI was ordered for, further has been sentenced to 1 year R.I. under Section 506 (part -2) IPC and fine of Rs. 100/- and in absence of payment of fine, additional 1 month R.I. was ordered for, he has been sentenced to 1 years R.I. under Section 25 (1) (1-B) (A) of Arms Act and fine of Rs. 100/- and in absence of payment of fine, additional 1 month R.I. was ordered for and lastly the appellant No.1 has been sentenced to 7 years R.I. under section 27 (2) of Arms Act and fine of Rs. 100/- and in absence of payment of fine, additional 1 month R.I. was ordered for. The appellants No.2 and 3 Sharavan Sonker and Lalla Sonker have been convicted under Sections 307/149 (twice), 148/149 and 506 (Part - 2) IPC and both of them have been sentenced for 10 years RI under Section 307/149 IPC and a fine of Rs. 500/- and in absence of payment of fine, additional 2-2 months RI was ordered for and have further been sentenced to 1 year R.I. under Section 148/149 IPC and fine of Rs. 100/- and in absence of payment of fine, additional 1 month RI was ordered for and lastly they have been sentenced to 1 year R.I. under Section 506 (part -2) IPC and fine of Rs. 100/- and in absence of payment of fine, additional 1 month R.I. was ordered for.

(2.) Brief facts of this case are that on 05.06.2012, the complainant Rakesh Gupta made a report that on 04.06.2012 at about 9 pm while he was at his Dhaba, at that time Sharavan Sonker (A2) and his friends had their meal. Subsequently, at the time of payment, they entered into altercation with the manager namely Peetamber. The complainant thereafter intervened and Shravan Sonker (A2) entered into altercation and gave threat that he will teach him a lesson. Subsequently, at about 11.30 pm Sharavan Sonker (A2), Raza @ Raja Pathan (A1), one Ravi, Lalla Sonker (A3), Nahid Ansari and Ravindra @ Ravi Banjara came back armed with Pistol, Gupti, sword and club and entered into the Dhaba. Thereafter with the allegation that he has taken more money caught hold of the complainant and Raza @ Raja Pathan (A1) took out a pistol and shot fire to the complainant which he tried to avert but he sustained bullet injury on his back. At that time, Sharavan Sonker and Lalla also started assaulting by way of Gupti and sword. Peetamber, the manager of the Dhaba was also assaulted. Thereafter, the appellants fled away.

(3.) The dehatinalisi was made by Ex. P-12 and thereafter the First Information Report was lodged vide Ex. P-22. Injured Rakesh Gupta and Peetamber were rushed to hospital and were subjected to medical examination and were admitted to the hospital. Subsequently, the appellants/accused were arrested and the air gun pistol, one sword, clubs and one Gupti were seized vide Ex. P- 7, P-15, P-6 and P-19. The map of the place was prepared and the shirts with blood stains was also recovered. The air gun pistol so seized was sent for examination and the report having been received vide Ex. P-31. It was all sent for FSL. Subsequently, after receipt of the document, the charge-sheet was filed under Sections 147, 148, 149, 307, 294, 506 B and 25 and 27 of the Arms Act along with Sections 130 (3)/177, 3/181, 146/196 of the Motor Vehicle Act. The charge-sheet was filed before the JMFC, Pendra Road. Subsequently, the case was sent before the Sessions Trial. Charges were framed under Sections 148, 307, 307/149, 323/142 (two counts), 294, 506 (Part-II) and Sections 25 (1) (1- B) (A) and 27 (2) of Arms Act.