VIKASH RANJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction dtd. 15/3/2016 and order of sentence dtd. 21/3/2016 passed by the learned Additional Sessions Judge-VIII, Rohtas at Sasaram (hereinafter referred to as the 'Trial Court') in Sessions Trial No.243 of 2013 arising out of Kochas P.S. Case No.124 of 2011 whereby and whereunder the sole appellant has been convicted for the offences punishable under Ss. 302/34, 394 and 411 of the Indian Penal Code (for short 'IPC') and consequently, sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000.00 and in default of payment of fine to undergo rigorous imprisonment for a further period of six months under Sec. 302/34 of the IPC, rigorous imprisonment for ten years and fine of Rs.5,000.00 and in default of payment of fine to undergo rigorous imprisonment for a further period of three months for the offence punishable under Sec. 394 of the IPC and rigorous imprisonment for two years under Sec. 411 of the IPC. All the sentences have been ordered to run concurrently.

(2.) The prosecution case is based on the self-statement of one Rajiv Nayan Kumar Singh (P.W.8), the Officer-in-charge of Kochas Police Station recorded on 12/12/2011 at 3:30 pm at NH-31 alleging therein inter alia that on 12/12/2011 at about 2:30 pm while he was on patrolling duty along with Sitaram Bhagat, an Assistant Sub Inspector of Police and home guard jawans namely Lalan Ram, Fulendra Kumar, Sanjiv Kumar and Om Prakash, he heard sound of firing from the eastern side and a hulla was raised that someone has sustained injury in the firing. Immediately, he proceeded towards that direction and saw a person lying on the road in front of the Girl's High School. He got down from his jeep and on physical examination found the person lying on the road dead. He had sustained gunshot injury in his head. The local people disclosed that the killers had come in a white Scorpio vehicle bearing Registration No. UP-67H-4188. They threw the body of the driver after killing him and sped away with the vehicle towards the eastern direction. He deputed the home guard, Sanjiv Kumar near the dead body and proceeded towards the direction in which the miscreants had gone. After reaching at some distance, near Nowan College turning, he saw that the villagers had blocked road and got the Scorpio vehicle stopped. They started assaulting the three occupants of the Scorpio vehicle. He rescued them with the help of the members of the patrolling party and interrogated them. The person occupying the driving seat disclosed his name as Vikash Ranjan @ Golu son of Devendra Kumar Singh (appellant) the other person occupying the front seat of the vehicle disclosed his name as Bittu Kumar son of Krishna Paswan and the person occupying the rear seat disclosed his name as Ritesh Kumar @ Chhotak son of Chitranjan Paswan. They disclosed that they all are residents of Jagdeo Nagar, P.S.-Nawada, Dist.-Bhojpur. Thereafter, on search, from the right pocket of the trouser of Bittu Kumar, a country-made pistol and a Samsung mobile was recovered, from the trouser of Ritesh Kumar @ Chotak, one loaded country-made pistol and a Tata Indicom mobile was recovered and from the possession of the appellant Vikash Ranjan @ Golu, one old Nokia mobile, one ATM of State Bank of India and three tickets of the Bihar State Road Transport Corporation were recovered. He found the pistol recovered from the possession of Bittu Kumar to have been fired recently and was heated up. All the recovered articles from the possession of the miscreants were seized and a seizure list was prepared. From the documents available in the Scorpio vehicle as well as from the driving license and the mobile no. written on the note book, he came to know that the driver of the said vehicle Md. Mokhtar Ansari Ahmad had taken the vehicle to Kochas from Mohania on hire. He, thus, suspected that the aforesaid three persons had killed the deceased and thrown his body on the road and looted the Scorpio vehicle.

(3.) On the basis of the aforesaid self-statement, the Station House Officer (for short 'SHO') of Kochas Police Station, Sanjiv Nayan Kumar Singh (P.W.8) registered Kochas P.S. Case No.124 of 2011 on 13/12/2011 at 1:30 am under Ss. 302, 394 and 411/34 of the IPC as well as Sec. 27 of the Arms Act and handed over the investigation of the case to Nitish Kumar (P.W.7).