HC upholds Trial Court order in murder case

Source: The Hitavada      Date: 09 Sep 2017 13:12:11


Legal Correspondent,

In the matter related to challenging the order passed by the First Additional Sessions Judge, Satna convicting the appellant for an offence punishable under Section 302 of IPC and vide separate order convicting him to undergo life imprisonment, the division bench of the Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla has said that “we do not find any error in the findings recorded by the Trial Court. The findings are based upon correct appreciation of law and facts and there is no reason to interfere with such findings in the present appeal. The appeal is dismissed.”

The division bench has heard the criminal appeal filed by Sukhendra Singh challenged in the present appeal is to an order passed by the First Additional Sessions Judge, Satna (MP) in Sessions Trial on November 14, 2005 convicting the appellant for an offence punishable under Section 302 of IPC and vide separate order convicting him to undergo life imprisonment and to pay a fine of Rs 1,000 in default of payment of fine, the appellant was ordered to undergo rigorous imprisonment for another six months. The appellant was also convicted for an offence under Section 25(1)(b) and (a) of the Arms Act and sentenced to undergo rigorous imprisonment for a period of three years and a fine of Rs 1,000 in default of payment of fine, he was to undergo another rigorous imprisonment of six months.

The prosecution case was set in motion on the statement of Satish Kumar Chourasiya alias Rajni Chourasiya made to AP Singh, Station House Officer, Police Station, Uchehara, District Satna on October 3, 2002 at about 11 pm. On the basis of such statement, FIR was lodged. He stated that he stays in village Ichaul in Atta Chakki (flour mill).

On October 3, 2002 at about 4 pm, he was standing near Kranti crossing eating Chat when somebody informed him that his brother Ajay Chourasiya is being beaten by accused Sukhendra, Sapan, Chingu, Kalyan and Dablu Ghosh. There was a rumor in the area that Ajay and Sukhendra had a dispute on account of a money transaction. When he reached the place of occurrence then he saw that the appellant has caught hold of Ajay from his collar and took out a country-made pistol kept in his pant and fired on the right side of the chest of Ajay. Ajay fell on the spot near Mandir (temple).

At that time, Chingu, Sapan, Kalyan and Dablu have caught hold of Ajay and after firing of bullet, all five accused persons ran away. He took Ajay on a motorcycle to Uchehara Dispensary where, after giving the first-aid, his brother was referred to Satna. He narrated the entire incident to his brother, father and neighbors. The injured has been taken to hospital for treatment but when he reached hospital, doctor informed him that his brother has been brought dead.