ABDUL IBRAHIM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 3/1/2003 passed by the 1st Additional Sessions Judge, Rajnandgaon (C.G.), in S.T. No. 99/2002 whereby, the learned Additional Sessions Judge, convicted the appellant and sentenced him as under:- <FRM>JUDGEMENT_30_LAWS(CHH)8_2023_1.html</FRM>

(2.) The prosecution story, in brief, is that prior to the date of the incident, on 12/3/2002 the acquitted co-accused persons namely Paklu and Chandrashekar, who were in the cattle business, had come to village Aatra and threatened the deceased Gajru Ram for obstructing their cattle business since the decease caught their three trucks which were carrying cattle to Maharashtra for slaughtering the animals in the butchery. These trucks have been handed over to the police. After that on 13/2/2002 in the morning at about 6:30 a.m., when the appellant was driving the truck bearing registration No. MP-04/K-2930 which was carrying cattle to Kakodi (Maharashtra), when he reached the place of incident i.e. village Aatra, then 25-30 persons signaled the appellant to stop the truck. The appellant immediately slowed down the truck but the deceased Gajru Ram mounted on the foot-board of the truck from the driver's side. It is further alleged that the appellant pushed Gajru Ram who fell down and the appellant ran over the truck on the Gajru Ram and thereafter fled from the spot. Gajru Ram died on the spot. On receiving the said information, the police of Chhuriya police station reached the spot and lodged merg intimation vide Ex.-P-1 and the dead body of the deceased was sent for postmortem and lodged FIR vide Ex.-P-2. After due investigation, the accused persons were arrested and charge sheet was filed.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 13 witnesses. The statement of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case. He adduced one witness in his defence.