SHEO SHANKAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These appeals by special leave are directed against a common judgment and order dated 6th May, 2005 passed by the High Court of Jharkhand at Ranchi whereby the conviction of appellant-Sheo Shankar Singh under Section 302 read with Section 34 IPC and that of appellant-Umesh Singh under Section 302 read with Section 34 IPC and Section 27 of the Arms Act have been confirmed and the sentence of rigorous imprisonment for life imposed upon the said two appellants by the Trial Court enhanced to the sentence of death. Criminal Revision Petition No.136 of 2004 seeking enhancement of sentence imposed upon Umesh Singh and Sheo Shankar Singh has been consequently allowed by the High Court while Criminal Revision Petition No.135 of 2004 filed against the acquittal of three other accused persons Md. Zahid, Premjeet Singh and Uma Shankar Singh dismissed.

(2.) Briefly stated the prosecution case is that on 14th April, 2000, the deceased-Shri Gurudas Chatterjee, a sitting member of Jharkhand State Legislative Assembly was returning to Nirsa from Dhanbad riding the pillion seat of a motorcycle that was being driven by the first informant Apurba Ghosh, examined at the trial as PW 16. At about 2.45 p.m. when the duo reached a place near Premier Hard Coke, Apurba Ghosh, the informant heard the sound of a gunshot from behind. He looked back only to find that appellant-Sheo Shankar Singh was driving a black motorcycle on the left of the informant with an unknown person, later identified as Umesh Singh, sitting on the pillion seat carrying a pistol in his hand. Umesh Singh, the pillion rider, is alleged to have fired a second time from close range which hit the deceased-Gurudas Chatterjee in the head, who slumped on the back of the informant thereby disturbing the balance of the motorcycle and bringing both of them to the ground. The motorcycle driven by Sheo Shanker Singh was stopped by him a little ahead whereupon Umesh Singh the pillion rider got down; walked back to the place where the deceased had fallen, abused the informant verbally and asked him to run away from there failing which even he would be killed. So threatened the informant hurried away from the spot whereupon Umesh Singh-appellant fired a third bullet at the deceased, pushed his dead body down the side slope of the road, walked back to the motorcycle whose engine was kept running by Sheo Shankar Singh and fled towards Nirsa. Some people are said to have run towards them but were scared away by Umesh Singh with the gun. The motorcycle did not have a registration number. A crowd is said to have gathered on the spot that included Abdul Kudus Ansari (PW1) and Lal Mohan Mahto (PW2) who disclosed that they had seen Sheo Shankar Singh and one unknown person moving on a motorcycle without a registration number sometime before the occurrence.

(3.) On hearing a rumour about the killing of the deceased MLA, Sub Inspector of Police Ramji Prasad (PW17) rushed to the spot and recorded the statement of Apurba Ghosh (PW16) in which the informant narrated the details of the incident as set out above. The statement of Apurba Ghosh constituted the First Information Report in the case which was signed not only by Apurba Ghosh but also by Abdul Kudus Ansari (PW1) and Lal Mohan Mahto (PW2). Based on the said statement/FIR a case under Section 302/34 and 120B of IPC and Section 27 of the Arms Act was registered in Police Station Govindpur and the investigation commenced.