JAGARNATH PAIKRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 12.2.2015 passed by the learned Additional Sessions Judge of Upper Sessions Judge Ramanujganj, District-Surguja, Ambikapur, Chhattisgarh in Sessions Trial No.24/2013 convicting the accused/appellant under Sections 353, 333 & 307 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for 2 years with fine of Rs.500/- and RI for 10 years with fine of Rs.1000/-, with usual default clauses, respectively. Both the sentences have been directed to run concurrently. (Sentence awarded U/S 307 Of IPC Only).

(2.) The prosecution case, in brief, is this that appellant had been a Constable in the battalion and was posted in Chando, District-Balrampur- Ramanujganj. It is alleged that on 6.10.2012 the appellant fired 20 rounds from Insaas rifle, which was alloted to Constable Ravindra Ekka PW-1, and at the same time he fired 19 rounds from S.L.R. rifle, which was alloted to Constable Saleem Ram PW-2. He also exploded a grenade. Other constables caught hold of the appellant and snatched the rifle from his possession. Constable Ravindra Ekka PW-1 lodged FIR ExP-1 in Police Station Chando. One constable Rajendra Ram PW-7 was injured by the shot fired by the appellant. After lodging of FIR, the investigation has been conducted and charge-sheet was filed against the appellant before the concerned Court.

(3.) The appellant was charged for the offence under Sections 353, 333 & 307 of IPC to which he denied and prayed for trial. Statement of appellant under Section 313 of CrPC has been recorded in which he denied all the incriminating evidence available against him, pleaded innocence and false implication. One witness was examined in defence. After completion of trial, impugned judgment has been passed in which the appellant stands convicted and sentenced as aforesaid.