N LAXMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 11.07.2011 passed by Sessions Judge, South Bastar, Dantewada (C.G.) in Session Trial No. 01/2010, wherein the said court convicted the appellant for commission of offence under Section 304 (Part-II) of IPC, 1860 and sentenced to undergo R.I. for 7 years and fine of Rs. 1000/- with further default stipulations.

(2.) In the present case, name of the deceased is Mahesh Ram Dhruv. As per version of the prosecution, the appellant was posted at Police Station- Bhadrakali. On 07.10.2009 at about 8:20 p.m. in the night, the appellant along with deceased Mahesh Ram Dhruve came into the barrack and appellant was in possession of one AK-47 rifle. He started discrete firing and one B.Toppo another constable who was present on the spot, caught hold of the appellant, at that point of time, the deceased Mahesh Ram also came forward to snatch the rifle but, a bullet pierced him due to which he succumbed to the injury. The matter was reported, appellant was charge- sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-