Advocates:
['NEEL RATAN JAISWAL', '', 'RISHI RAHUL SONI', 'VIKRANT PILLAY', 'SAMIR SINGH', 'A G']

Cr.A.No.1188/2015

Page 1 of 10

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Criminal Appeal No.1188 of 2015

{Arising out of judgment dated 23-7-2015 in Special Sessions Trial

No.16/2014 of the Special Judge (SC/ST Prevention of Atrocities Act),

Surajpur}

Kalam Ansari, S/o Shri Aminuddin, Aged about 26 years, Occupation Driver,

R/o Village Dabgadi, Barbaspur, Police Station Pratappur, Distt. Surajpur

(C.G.)

(In Jail)

---- Appellant

Versus

State of Chhattisgarh, Through the Station In-charge, Police Station Aadim

Jati Kalyan, Surajpur, Distt. Surajpur (C.G.)

---- Respondent

------------------------------------------------------------------------------------------------------

For Appellant:

Mr. Rishi Rahul Soni, Advocate.

For Respondent/State:

Mr. Sunil Otwani, Additional Advocate General and

Mr. Sudeep Verma, Deputy Government Advocate.

------------------------------------------------------------------------------------------------------

Hon'ble Shri Sanjay K. Agrawal and

Hon'ble Smt. Rajani Dubey, JJ.

Judgment On Board

(31/03/2022)

Sanjay K. Agrawal, J.

1. Invoking jurisdiction of this Court under Section 374(2) of the CrPC, the

appellant herein has called in question his conviction recorded under

Sections 302 & 307 of the IPC and further called in question the

sentences awarded to him i.e. imprisonment for life & fine of ₹ 1,000/-

and rigorous imprisonment for seven years & fine of ₹ 500/-, with

default stipulation, respectively, by the Special Judge (SC/ST

Prevention of Atrocities Act), Surajpur, in Special Sessions Trial

No.16/2014.

2. Case of the prosecution, in brief, is that on 24-2-2014 at about 9.30

Cr.A.No.1188/2015

Page 2 of 10

a.m., one Dhanushdhari (PW-1) – injured witness, was coming along

with Ayodhya (deceased) (pillion rider) in his motorcycle bearing

registration No.CG-15/CC-1497 from Gopalpur and proceeding towards

Barbaspur, Police Station Pratappur, Distt. Surajpur and when they

reached near Dabgadi Para, the accused / appellant who was coming

in the pickup vehicle bearing registration No.UP-64/H-4048 by driving

the same from opposite side (from Barbaspur towards Rajpur road)

having noticed the presence of Dhanushdhari (PW-1) and identified

him to be Dhanushdhari, suddenly turned the pickup vehicle in order to

dash him with intention to cause his death {death of Dhanushdhari

(PW-1)}. It is the further case of the prosecution that in order to save

himself, Dhanushdhari (PW-1) moved his motorcycle down to road to

the extent of 20 meters and despite that, the accused / appellant with

intention to kill him, chased and dashed the motorcycle driven by

Dhanushdhari (PW-1) over which Ayodhya was sitting as pillion rider,

by his pickup vehicle and resultantly, Dhanushdhari (PW-1) & Ayodhya

both suffered grievous injuries. The appellant herein immediately

absconded from the spot and local persons of the locality who heard

the noise of incident, reached to the spot and rescued Dhanushdhari

(PW-1) & Ayodhya and escorted them to the Government Hospital

where Ayodhya succumbed to death on account of the injuries

sustained by him and Dhanushdhari (PW-1) suffered grievous injuries

which were sufficient to cause death. Thereafter, the jurisdictional

police took cognizance of the matter and registered first information

report (FIR) on 24-2-2014 bearing Crime No.49/2014 in Police Station

Pratappur, Distt. Surajpur for offence punishable under Section 307 of

the IPC against the appellant herein and arrested the appellant on 26-

Cr.A.No.1188/2015

Page 3 of 10

2-2014 vide Ex.P-18. During the course of investigation, the police

also seized documents relating to general meeting and proceedings of

Gram Sabha of Gram Panchayat Barbaspur dated 25-1-2014 vide

seizure memo Ex.P-3 and general meeting as well as the proceedings

have been described as Articles A-3 & A-2, respectively. Spot map

Ex.P-13 was prepared by the concerned Patwari Ajit Pratul Ekka (PW-

9). Caste