TUKU Vs. STATE OF ODISHA

JUDGEMENT

(1.) All the six Appellants in the above appeals have been convicted under Sec. 302/34 of the I.P.C. in the same trial i.e., S.T.CaseNo.4/82 of 2007. Further, the Appellants in CRLA Nos.241, 234, 289 and 288 have been convicted under Sec. 27 of the Arms Act additionally. They have been sentenced to undergo R.I. for life for the offence under Sec. 302 of the I.P.C. and R.I. for a period of seven years under Sec. 27 of the Arms Act.

(2.) All the Appellants along with two others were prosecuted in S.T.CaseNo.4/82 of 2007 in the court of learned Additional Sessions Judge, Bhubaneswar.

(3.) Prosecution case is that, the deceased namely Chuna @Mallik Hanan was killed by Sk Hyder (since dead) and his associates on 31/5/2005 between 7.30 to 7.45 P.M. by gunshot firing near Stewart School, Bhubaneswar due to group rivalry relating to tender fixing. The Inspector-in-Charge (P.W.47) of Nayapalli Police Station upon receipt of telephonic information of the incident immediately proceeded to the spot and found the deceased lying dead in front of the tyre-shop of one Tahir Alli. P.W.47 drew the plain paper F.I.R., which was registered as Nayapalli P.S.Case No.157 dtd. 31/5/2005. He held inquest over the dead body and seized one motorcycle, one Nokia mobile set, ten empty cases of cartridges and other articles from the spot. There was arch enmity between Sk Hyder and the deceased, both gangsters. Subsequently, Sk.Hyder and others were arrested from Nagpur (Maharashtra) on 6/6/2005 and were brought to Bhubaneswar. P.W. 47 continued with investigation which was later taken over by P.W.48, the Inspector of C.I.D.C.B., Cuttack. P.W.48 submitted the charge-sheet on 2/10/2005 for the offences stated above along with offence under Sec. 120-B of the I.P.C.