DEOMUNI SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant herein challenges his conviction for offence under Section 307 read with Sections 149, 147 and 148 of the Indian Penal Code as also under Section 27 of the Arms Act as affirmed by the High Court. Initially, the appellant along with four others, was charged for the offences under Sections 147 and 148 as also under Section 302 read with Section 149, IPC.

(2.) By a confused judgment, the original accused No. 2-Ram Pravesh Sharma, accused No, 3-Bijay Sharma, and accused No. 4-Ajay Sharma were convicted for offences under Section 302 read with Sections 149, 147 and 148, IPC and Section 27 of the Arms Act by Trial Court. Deomuni Sharma, who was accused No. 1, along with one Bimal Kumar-accused No. 5, was found guilty of offence under Section 307 read with Sections 149, 147 and 148 as also under Section 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for 10 years for the offence under Section 307 and 7 years for the offence under Section 27, Arms Act.

(3.) In appeal before the High Court, original accused No. 2-Ram Pravesh Sharma was acquitted on the basis of his plea of alibi. Accused No. 3-Bijay Sharma and accused No. 4-Ajay Sharma were convicted under Section 304, Part I, IPC. They were, however, acquitted under Section 302, IPC. They were sentenced to undergo seven years' rigorous imprisonment. The sentence of Bimal Kumar for offence under Section 307 was also reduced to seven years. The sentence under Section 27, Arms Act was reduced to three years. No separate order seems to have been passed in respect of the present appellant Deomuni Sharma, accused No.1.