SHEIKH RAHISUDDIN Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973, against the judgment dated 18.02.2013 passed by the learned 4th Additional Sessions Judge, Raipur in Sessions Trial No. 227/2010 whereby he has been convicted and sentenced as under: <FRM>JUDGEMENT_60_LAWS(CHH)1_2018_1.html</FRM>

(2.) Briefly stated, the case of prosecution is that on 25.12.2009 at about 11:00 am, two persons came to the shop of one Rajendra Ahuja, situated at Pandri Market, Raipur and proceeded towards first floor where the deceased Amar Ahuja used to run his Office along with his brother-in-law Manish Lutharia. At that relevant time, both Amar Ahuja and Manish Lutharia were present in the Office and after few minutes, Rajendra Ahuja, who was present in the first floor, heard some noise like fire-crack and saw those two persons coming out from his shop. Immediately upon hearing the noise as such, he went towards the first floor and found both Amar Ahuja and Manish Lutharia lying in injured condition due to the gun shot. Further prosecution story is that the appellant Sheikh Rahisuddin was one among those persons, who went to the first floor and shot them to death.

(3.) Based upon the aforesaid incident, Dehati Nalishi (Ex.P6) was lodged by the deceased Amar Ahuja's brother Rajendra Ahuja (P.W.1) on 25.12.2009 against unknown persons and based upon which, the first information report (Ex.P.43) was registered. Pursuant to the said information, the matter has been investigated, "Test Identification Parade" (TIP) (Ex.P.4) was carried out and on the basis of appellant's memorandum (Ex.P.20), as many as six articles were recovered from him vide seizure memo dated 22.07.2010 (Ex.P.21). After investigating the matter, offence punishable under Sections 120-B, 302, in alternative, Section 302/34, 201 of IPC and under Sections 25(a) and 27 of the Arms Act, 1959 has been registered by the concerned Police Station, Devendra Nagar, Raipur against unknown persons while submitting its final report before the Judicial Magistrate First Class, Raipur. The matter was thereafter committed to the District and Sessions Judge, Raipur.