BASANT GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence dated 22.07.2015 passed by learned Special Judge, Surguja (Ambikapur), in Special Sessions Trial No.19/2012 whereby and whereunder, the appellant has been held guilty of commission of offence under Section 302 IPC (on two counts) and sentenced to undergo life imprisonment along with fine of Rs.3,000/- and in default of payment of fine, additional R.I. for one year.

(2.) The prosecution story, in brief, is that on 26.09.2011, Vrund Kumar Jaiswal along with Thibhu Korwa went to village Tilsinwa on motorcycle and from there, they went to Ambikapur District Court on 27.09.2011 for appearance before it in connection with civil dispute and, thereafter, they stayed in the house of the daughter of Vrunda Kumar at village Sidhma. On 28.09.2011, when they were coming back to Chalgali, appellant driving his tractor bearing registration No.CG-15-AE-0846, in rash and negligent manner, ran over them from opposite side near village Chandrapida, as a result of which, Vrund Kumar Jaiswal died on the spot and Thibu Korwa died during the course of treatment in the hospital. Further case of the prosecution is that there was an old land dispute between the appellant and deceased Thibhu and a civil suit was also pending before the Court. A dehati nalisi in Ex.P/1 was recorded, at the instance of Banshidhar Jaiswal (PW/1) on 28.09.2011, at about 09.45 AM, followed by recording of merg intimation in Ex.P/25 and registration of FIR in Ex.P/26 on the same day at about 03.00 PM, naming the appellant to be the offender. Inquest on the body of deceased Vrund Kumar Jaiswal was prepared vide Ex.P/3 and dead body was sent for postmortem, which was conducted by Dr. Y.K. Kindo (PW/6) who gave his report in Ex.P/11 opining the cause of death to be nurogenic shock and injuries in lung, liver, spleen caused due to accident. Postmortem on the body of deceased Thibhu was conducted by Dr. Sanjay Singh (PW/9) and gave his report in Ex.P/17 opining the cause of death to be coma due to multiple injuries in body. After filing of the charge sheet, the trial Court framed charge against the appellant under Sections 302 IPC (on two counts) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the SC/ST Act'). The appellant abjured guilt and was put to trial. The Prosecution led evidence regarding there being old land dispute between the appellant and deceased Thibhu Korwa and that a civil suit was also pending in District Court, Ambikapur.

(3.) So as to hold the accused guilty, the prosecution examined as many as 25 witnesses. Two defence witnesses were also examined to substantiate its case.