SHAILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal the appellant Shailesh Kumar has challenged the judgment of conviction and order of sentence dated 29.04.2005 passed by the learned 7th Additional Sessions Judge, Gaya in Sessions Trial No.89/2003/136/2003 whereby and whereunder the appellant has been convicted under Section 302/34 IPC and 27 of the Arms Act and has been sentenced to undergo R.I. for life term for the offence under Section 302 IPC and he has been further sentenced to undergo R.I. for three years for the offence under Section 27 of the Arms Act. The sentences have been ordered to run concurrently.

(2.) Fardbeyan (Exhibit 4 ) relates to an occurrence dated 1.5.2002 which was recorded against one unknown male and one unknown female on the basis of fardbeyan of Havildar Bandan Oraon (not examined) by Inspector Raj Kumar Singh officer-in-charge, Kotwali P.S., Gaya(not examined) at 3.30 A.M. on 1.5.2002 wherein the informant has stated that he was at patrolling duty along with Home Guard Constable No.14559 Baldeo Yadav (deceased), Home Guard Constable No.11673 Jagdeo Yadav( not examined ) and Home Guard Constable No.11445 Baleshwar Yadav and the said Home Guards in course of patrolling arrived at Jehanabad More at 3.00 A.M. in the night. At that time Jagdeo Yadav went towards east of the road whereas Baldeo Yadav went towards west of the road and Baleshwar Yadav remained on the road. In the meanwhile, a boy and a girl came up on the road and Baldeo Yadav signaled them to stop and wanted to know their identity and their relationship and Baldeo Yadav (deceased) went towards the boy. The boy and girl wanted to escape and Baldeo Yadav tried to catch him. On this the boy took out a pistol from his waist and fired at Baldeo Yadav and Baldeo Yadav fell down. Again the boy wanted to fire, but he was chased and so he escaped. Balehswar Yadav fired from his rifle, but the boy and girl went towards North and they were chased to some distance. Despite all efforts, they could not be located. Baldeo Yadav was injured. He was taken to hospital. The boy appeared to be the age of 20-22 years. Fardbeyan resulted in Kotwali P.S.Case No.119 of 2002 under Sections 307/314/333/353/34 IPC and 27 of the Arms Act. Formal FIR (exhibit 5) and seizure list were prepared. The seized articles including the empty cartridge and bloodstained sample were sent for examination to Forensic Science Laboratory, Bihar,Patna and reports were received. A test identification parade was organized and T.I. parade chart (Exhibit-1) was prepared by PW4 Sri Mritunjay Kumar Singh, Judicial Magistrate. In course of treatment the injured Home Guard Constable Baldeo Yadav died and Section 302 IPC was added on 3.5.2002. The case was investigated into and after completion of investigation, charge sheet was submitted against this appellant and one Rupa.

(3.) The case of the co-accused Rupa Kumari in the midst of trial was transferred to Juvenile Justice Board. Trial was faced only by the appellant. The charge was framed under Section 302, 304 IPC and 27 of the Arms Act.