Judgment on Board

Per Ramesh Sinha, Chief Justice

1. These two acquittal appeals arise out of the same incident and the same Sessions Trial, therefore, they are being heard and decided together.

2. The ACQA No. 34/2015 filed by the appellant Smt. Mukesh Dagar (complainant) against the impugned judgment of acquittal dated 05.03.2013 passed by learned IVth Additional Sessions Judge, Raipur in Sessions Case No.154/2011 whereby respondent/accused Jitendra @ Monu Luthra has been acquitted from the charge under Section 120-B, 302/34 of IPC and Section 25A and 27 of Arms Act and respondents/accused persons Ranvir Singh @ Lala, Kamal @ Kaushal Jatiya and Viraiyya Sheikhar have been acquitted from the charge under Section 120-B of IPC.

3. ACQA No. 92/2017 has been filed by the appellant, Smt. Mukesh Dagar (complainant) against the impugned judgment of acquittal dated 13.01.2016, passed by learned IVth Additional Sessions Judge, Raipur in Sessions Case No.154/2011, whereby the respondents/accused persons Tinu @ Satender Singh and Preetam have been acquitted from the charge under Section 120-B of IPC.

4. Initially after investigation in the Crime No.61/2011 registered at Police Station Amanaka Raipur, charge sheet was filed on 11.07.2011, against three accused persons who were arrested namely, Ranvir Singh @ Lala, Jitendra @ Monu Luthra and Kamal @ Kaushal Jatiya and six other accused persons, namely, Tinu @ Satender, Preetam, Sheikhar, Rajesh @ Rahul @ Raju @ Mogali, Dhanna @ Dharmendra and Ajay @ Vijay who were absconding. The accused Viraiyya Sheikhar was arrested on 15.07.2011, and a supplementary charge sheet was filed against him on 22.09.2011. The accused Dhanna @ Dharmendra was also arrested on 26.08.2014, and another supplementary charge sheet has been filed against him before the learned trial Court. Subsequent to that, the two other accused persons, Tinu @ Satender and Preetam, have been arrested, and a supplementary charge sheet has been filed against them also. Their case was also committed to the learned Sessions Court for trial as per respective supplementary charge sheets filed against them, and they were put to trial accordingly. The initial four accused persons Ranvir Singh @ Lala, Jitendra @ Monu Luthra, Kamal @ Kaushal Jatiya and Viraiyya Sheikhar were acquitted by the learned trial Court vide its judgment dated 05.03.2013, the accused Dhanna @ Dharmendra Singh was acquitted by the learned trial Court vide its judgment dated 31.01.2015 and the accused persons Tinu @ Satender Singh and Preetam have been acquitted by the learned trial Court vide its judgment dated 13.01.2016. The complainant has filed the present two acquittal appeals against the judgment dated 05.03.2013 and 13.01.2016, respectively, and has not filed any acquittal appeal against the judgment dated 31.01.2015 by which the accused Dhanna @ Dharmendra has been acquitted.

5. The brief facts of the case of the prosecution are that on 24.01.2011 at about 08:30 a.m., the deceased Rajesh Dagar was murdered by a motorcycle rider by gunshot fire near Dumar talab, Thakurdev mandir main road. After hearing the noise, the people of the vicinity gathered there, including the complainant Pranjal Tiwari (PW-1). They saw the deceased in an injured condition in the driver’s seat of his car. At the same time, the police also came, and the deceased disclosed his name as Rajesh @ Raju Singh. He was being taken to the hospital where his dying declaration was recorded; however, he succumbed to his injuries later on. Pranjal Tiwari PW-1 lodged dehati nalisi Ex.-P/1 and thereafter, FIR Ex.-P/62 was registered against an unknown person for the offence under Section 307 of the IPC. The injured was taken to B.R. Ambedkar Hospital, Raipur, where he was being treated for his injuries. Gunshot injury over the chest and abdomen was found by the doctor, and his indoor patient summary sheet Ex.-P/39 was maintained. During the treatment, the dying declaration of the