AFR HIGH COURT OF CHHATTISGARH, BILASPUR CRIMINAL APPEAL NO.211 of 2018  Suresh Kujur, S/o Late Amrujus Kujur, aged about 46 years, R/o Pamed, P.S. Pamed, District Bijapur (C.G.), ... Appellant Versus  State of Chhattisgarh, through the Station House Oicer, P.S.

Pamed, District Bijapur (C.G.), ... Respondent ________________________________________________________

For Appellant :-

Mr. Shikhar Bakhtiyar, Advocate, For Respondent/State :-

Mr. Ankur Kashyap, Dy. Government Advocate, ________________________________________________________

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board

26/04/2024 Arvind Singh Chandel, J

1. Invoking criminal appellate jurisdiction of this Court, the present criminal appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) has been iled by the appellant herein calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 18.01.2018 passed by the Additional Sessions Judge, Fast Track Court, South Bastar, Dantewada, Chhattisgarh in Sessions Trial No.139/2012, whereby the appellant has been convicted under Section 302 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and sentenced to undergo imprisonment for life and with ine of Rs.100/-, in default of payment thereof, he has to undergo additional rigorous imprisonment for one month and and he has been further convicted under Section 307 (3 counts) of the IPC and sentenced to undergo rigorous imprisonment for ten years and with ine of Rs.100/- (3 counts), in default of payment thereof, he has to undergo additional rigorous imprisonment for one month. Both the jail sentences are directed to run concurrently.

2. Prosecution story in brief is that on 08.07.2012, after having lunch, Kheduram Sori, Constable No.960 (PW-07), Lakhmuram, Constable No.666 (PW-08) and Bablu Barsa, Constable No.33 (PW-13) were washing their hands and cleaning their utensils at hand pump and at that point of time appellant Suresh Kujur (Constable No.393), who was laced with S.L.R. Rile in his hand, reached near the hand pump and after illing in chamber of the magazine started iring at them with intention to kill them and when he missed the shots, all of them present there started running around and took shelter. When the appellant did not see anyone, he started running towards Morcha No.1 where he found constable No.647, namely, Golmundru (deceased) and shot him on his back due to which he sufered grievous injuries on his body and died on the spot.

3. Morgue intimation (Ex.P/6) regarding death of Constable Golmudru (deceased) was recorded by Shatrughan Nag, A.S.I. (PW-11). He also lodged First Information Report (Ex.P/5) in Police Station Pamed, District Bijapur (C.G.). Vide Property Seizure Memo (Ex.P/4) total three empty cartridges and blood stained soil were seized. One S.L.R. rile and 17 live cartridges were seized from possession of the appellant. Inquest proceeding was conducted vide Ex.P/7A and the dead body of Golmudru was subjected to post-mortem examination which was conducted by Dr. G.S. Dhruw (PW-6) and post-mortem report is Ex.P/02 in which cause of death is opined as syncope & severe hemorrhage, injuries are reported to be anti-mortem and nature of death is reported to be homicidal. Statements of witnesses were recorded under Section 161 of the CrPC.

4. On completion of the investigation, the appellant was charge-

sheeted for the aforesaid charges before the concerned jurisdictional Criminal Court from where the case was committed to the Court of Session and after committal, the matter was received by the Court of Additional Sessions Judge, Fast Track Court, South Bastar, Dantewada for trial in accordance with law, in which the appellant abjured the guilt, took a plea of false implication and entreated for trial.

5. During the course of trial, in order to bring home the ofence, the prosecution