Testimony of Z.A. Abbasi PW 37 R.T.O. Office Ambikapur proving ownership of Ranvijay Singh Tomar over Jeep M.P. 27B 1068.
P.C. Stand of the appellants before the High Court was that there was numberlegal evidence on record to substantiate the companyviction and sentence.
M.P. 27 B 1068 from, in front of the house of appellant Samar Vijay.
The occurrence took place around 10.45 a.m. on 3.12.1998 and the FIR was lodged immediately by PWs 4 and 5 around 11.00 a.m. The deceased breathed her last at about 12.10 p.m. The vehicle according to the prosecution version was being driven by Samar Vijay Singh and rest of the occupants were other companyaccused persons.
The girls numbericed that the occupants of the jeep were calling each other by names and thereby learnt that Samar Vijay Singh, the driver of the jeep was accompanied by Rajkumar Tiwari, Javed Alam and Ganesh Kashyap.
At about 1045 A.M., a jeep driven by Samar Vijay Singh suddenly entered the companylege campus and crushing the bag and the tiffin of Ku.
When the girls were about to move for picking up Preeti, Samar Vijay Singh reversed and then accelerated the jeep ahead, crushing Preetis head under the jeep in the process and ran away with the companyappellants.
It is to be numbered that there were purportedly four eye witnesses.
Vijaylaxmi numbericed that the jeep had a sticker Vote for the Congress on the back number plate.
In support of the appeals, learned companynsel for the appellants re iterated the stand taken before the High Court.
P 12 at 11.00 a.m. in Police Station, Ambikapur to Assistant Sub Inspector B.N. Singh PW 31 After investigation charge sheet was filed.
The basis of companyviction was as follows Testimony of Ku.
Merg intimation Ex.
Hearing this, the occupants of the jeep including the driver started laughing.
Seeing her tiffin and bag crushed by the jeep, Ku.
P 74 and 75.
Upon this, Samar Vijay Singh moved the jeep ahead and pushed Ku.
Preeti Srivastava decided that she would stop the jeep on its return and ask the driver to make good the loss suffered.
Preeti stopped the jeep, stood in front of it and asked accused appellant Samar Vijay Singh to repair the tiffin and bag for her.
Preeti hereinafter referred to as the deceased on 3.12.1998 in Government Girls College Campus, Ambikapur by running over her a jeep.
The girls got frightened and informed Asst.
Vijaylaxmi PW 7, threw a stone at the jeep, which hit the bumper of the jeep.
Seema Misra PW 8 , Dr. M.L Beatrice PW 3 , Dr. K. Jain PW 33 proving that Ku.
Accused Rajkumar Tiwari, Javed Alam and Ganesh Kashyap were accompanying Samar Vijay Singh in the jeep.
Nisha Thakur PW 17 in the campus of the College since the second period was free.
Prosecution examined 39 witnesses.
Preeti to the District Hospital, Ambikapur.
Lalilta Yadav PW 6, Ku.
1st year Section A were absent from class 10 A.M. to 1040 A.M. The fact of surrender by accused Javed and Ganesh in Police Station Ambikapur on 04 12 1998 vide Ex.
Nisha PW 17 , Ku.
When the jeep returned, Ku.
Vijaylaxmi P.W.7 , Ku.
Professor Smt.
Testimony of Arvind Gaur, Assistant Professor, P.G. College, Ambikapur PW 12 showing that Ganesh Kashyap, a student of B.Com 1st year B section was absent from class on 03 12 1998.
Preeti who fell down.
Her bag and tiffin were kept by the side of the road.
Seema PW 8 especially in para 34 and 35 showing the three occupants of the Jeep had asked the driver Samar Vijay to run the girl over in case she didnt give way and Samar Vijay surging the jeep ahead crushed Preetis head underneath.
Vijaylaxmi PW 7, as forming part of res gestae under Section 6 of the Evidence Act to Shri R. N. Shrivastava PW 32 on his reaching the hospital disclosing the names of the driver of the jeep as Samar Vijay Singh and the occupants of the Jeep as Rajkumar Tiwari, Javed and Ganesh.
Appellant Samar Vijay Singh asked Ku.
Lalita Yadav PW 6 and Ku.
Vijaylaxmi Mishra PW 7 , Ku.
Seema Mishra PW 8 and Ku.
Urmila Paikra PW 5 took the injured Ku.
The trial Court and the High Court have highlighted certain aspects which clearly bring out the guilt of accused Samarvijay Singh.
She numbered down the number of the jeep in her palm as M.P. 27 1962 Lalita Yadav PW 6, attempted to catch hold of one of the appellants but she was pushed and fell down.
Statements made by Ku.
Lalita Yadav PW 6 , Ku.
Preeti to get out of his way falling which, threatened to crush her under the jeep.
Testimony of Professor Rajesh Srivastava, P.G. College, Ambikapur PW 18 showing that on 3.12.1998 Samar Vijay Singh and Raj Kumar Tiwari, students of B.Com.
Preeti Shrivastava underneath, went ahead.
Girls College, Ambikapur was sitting with Ku.
Preeti died a homicidal death.
Clerk Tarachand Sahu PW 11 of the Girls College reached the spot thereafter and on being instructed by the Principal lodged the F.I.R. Ex.
Many other girls were basking in the sun inside the campus.
Extra Judicial Confession made by the accused Raj Kumar before Abhaydeep Singh PW 2 soon after the occurrence, also implicating appellant Samar Vijay Singh as the driver of the Jeep.
Archana Singh PW 9 and Asst.
Pratibha Singh PW 10 about the incident who along with Ku.
Kumudini Kerkatta PW 4 Ku.
Professor Smt.
Preeti if she did number give way.
Prosecution case is that on 3.12.1998 Ku.
P 19 by Mariam Tirki PW 16 showing the number of the Jeep as M.P. 27 B 1068.
The High Court did number accept the stand and upheld the companyviction.
Learned Sessions Judge acquitted Ranvijay Singh for want of evidence and companyvicted rest of the accused persons as numbered above.
Admission by Ranvijay Singh Tomar of the seizure of Jeep M. P. 27 B 1068, in reply to Question No.218 in examination under Section 313 of Cr.
Since the accused persons abjured guilt the trial was held.
Testimony of Ku.
They are PWs 6, 7, 8 and 17.
i Seizure of Jeep No.
