PAPPU TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Background:

(2.) Assistance Sub-Inspector (for short 'A.S.I') Rajnikant Jha prepared an inquest report but failed to identify the fire arm injury. The post-mortem was conducted by Dr. Mahesh Prasad Singh, Medical Officer, Sub-Divisional Hospital, Garhwa and the cause of death was opined due to shock and haemorrhage caused by vital and multiple injuries. Injuries one and two were identified as firm arm injuries. The Maruti van was subsequently recovered on 09/03/2000. All the accused were arrested albeit, Law @ Upendra Tiwari was arrested on 16/03/2000. On investigation being completed, the chargesheet was submitted on 02/06/2000 against all the six persons under Ss. 302 and 34 of the IPC and Sec. 27 of the Arms Act and cognizance of the offence was taken on the same date. The case was committed to the court of Sessions Judge on 26/07/2000 where all six accused persons were charged under Sec. 302 read with Sec. 34 of the IPC and Pappu Tiwari was additionally charged under Sec. 27 of the Arms Act.

(3.) In the course of Sessions Trial No.159/2001, the prosecution examined 22 witnesses and the defence examined two witnesses. In terms of the judgment dated 27.05.2002, all the accused persons were convicted as charged and in terms of order dated 28/05/2002, they were sentenced to undergo imprisonment for life. Pappu Tiwari was additionally sentenced to undergo rigorous imprisonment for three years under Sec. 27 of the Arms Act.