PAPPU @ VIVEK @ LOHASINGH @ AZAD @ AMARNATH S/O RAVEL MINJ @ RAMDHANI @ PRABHAT MINJ Vs. STATE OF CHHATTISGARH THROUGH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence dated 08.10.2012 passed by the 1st Additional Sessions Judge, Ambikapur, in Sessions Trial No.326/2008 whereby and whereunder, the appellants have been held guilty of commission of offence and sentence them as described below.

(2.) In the present case name of deceased is Maheshwar Singh, husband of Smt. Parvati (PW/3) and father of Kamalnath Singh (PW/4).

(3.) The prosecution story, in brief, is that the deceased's 10 year old child Kamalnath Singh (PW/4) was studying in class IV in Dilox School at Ambikapur and he used to board and get off the bus near Chirga turn from where his father Maheshwar Singh used to pick up and drop him. On the date of incident i.e. on 05.07.2008, Kamalnath Singh (PW/4), after final bell of school, was waiting for his father in passenger waiting room near Chirga turn. At around 3.30-3.45 PM, his father Maheshwar Singh reached there and picked up him and was going to home on their motorcycle bearing registration No.CG-15-C-2845. When they reached near Chirga nala, accused/appellant Pappu @ Vivek (A-1) intercepted them and then a letter was given to Maheshwar to read, to which he denied. Thereafter, accused/appellant Pappu @ Vivek (A-1) pointed gun at Maheshwar saying that 'you are under arrest' and opened gun fire on him, resulting in his death. Seeing this, Kamalnath Singh (PW/4), son of Maheshwar, started crying and the accused persons took his father's motorcycle and ran away from the spot. Kamalnath Singh (PW/4) informed the incident to the passerby. Further case of the prosecution is that one Dev Kumar (PW/6) also heard the sound of gun fire and saw the accused persons fleeing from the spot on motorcycle. On that very day, merg intimation in Ex.P/4 was recorded at the instance of Kamalnath Singh (PW/4), son of the deceased, followed by registration of FIR in Ex.P/34. The alleged letter (Article-B), which was given to deceased to read, was seized vide seizure memo Ex.P/8. Inquest was prepared vide Ex.P/15. Body of the deceased was sent for postmortem examination, which was conducted by Dr. (Smt.) Manorama Minj (PW/21) who gave her report in Ex.P/33 opining that the deceased died due to head injury caused by firearm and mode of death was coma. On 05.07.2008 itself diary statement of Kamalnath Singh (PW/4), son of deceased, was recorded vide Ex.D/1 wherein he blamed the accused/appellants for committing murder of his father. The police statement of Smt. Parvati (PW/3), wife of deceased, was also recorded vide Ex.D/1 and she has also stated that after coming to know about the murder of her husband, she rushed to the place of incident and on reaching there, it was disclosed by her son Kamalnath (PW/4) that two persons one of them was fat and one was lean, opened fire on his father and killed him. During investigation, test identification parade of the accused/appellants was conducted and they were duly identified by Kamalnath vide Ex.P/9. Bloodstained clothes of deceased were seized vide Ex.P/11. Memorandum statements of appellants Arvind Kumar (A-2) and Pappu @ Vivek (A-1) were recorded vide Ex.P/16 and P/17, based on which, clothes and umbrella of A-2 & half T-shirt, full pant and country made pistol of A-1 were seized vide Ex.P/18, P/19 and P/20 respectively. Specimen hand written letter of appellant Pappu @ Vivek (Article C-1 to C-18) and paper cutting were also seized vide Ex.P/24. Sanction letter was also obtained vide Ex.P/38-C for prosecuting the accused/appellants under Arms Act. Alleged hand written letter and specimen letters written by appellant Pappu @ Vivek (A-1) were sent for examination to State Examiner of Questioned Document vide Ex.P/31 and report thereof was obtained vide Ex.P/39, which confirmed that writing characteristics were significant and sufficient and when considered collectively proved to be of common authorship between both the sets.