PANKAJ PATHIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'Cr.P.C.') challenging the judgment and order of sentence dtd. 25/11/2014 passed by the learned Additional Sessions Judge 3rd, Purnea in Sessions Case No. 63 of 2011 arising out of Purnea (Sadar) P.S. Case No. 432 of 1996, whereby and whereunder, the concerned Trial Court has convicted the appellant for the offences punishable under Ss. 302 of the Indian Penal Code and Sec. 27 of the Arms Act and the appellant was sentenced to undergo Rigorous Imprisonment for life and also to pay a fine of Rs.50,000.00 and in default of payment of fine to further suffer Simple Imprisonment of six months for offence under Sec. 302 of the I.P.C. and Rigorous Imprisonment for four years and to pay a fine of Rs.10,000.00 and in default of payment of fine, to further suffer Simple Imprisonment for six months for offence under Sec. 27 of the Arms Act. Both the sentences were directed to run concurrently. It was also directed that the period already undergone by the appellant in custody shall be set off against the total period of his sentence.

(2.) The prosecution's case, in brief, as contained in the fardbeyan of the Informant/Ishwardev Singh, recorded by Md. Qasim, O/c Sadar P.S. at 3 AM on 23/12/1996, is that on 22/12/1996 at about 8 P.M., when he along with his son Shishendra Narayanan Singh @ Rangu Singh, Shiv Narayan Singh, Vimal Singh @ Tuntun Singh, Manoj Sancheti, Ram Kishore Agarwal were sitting in a shop of fertilizer and seed, then Pankaj Pathik Rahi along with four persons came by a Maruti car bearing No. BR-14-9111 and started doing highhandedness (Rangdari) with the persons sitting in the shop. Thereafter, there was exchange of words. Then, Pankaj Pathik Rathi gave threats that after 15-20 minutes, they would not see the sun of the next day and they went from there. They took it as mere threat and remained sitting there. After about 15 minutes, Pankaj Pathik Rahi along with his companions, armed with rifle arrived there and Pankaj Pathik Rahi fired on Shishendra Narayanan Singh (Rangu Singh) on his head. Thereafter, Shiv Narayanan Singh and Vimal Singh were fired. On receipt of fire-arm injury, Rangu Singh died at the spot whereas the remaining two injured persons were taken to Sadar Hospital, Purnea for treatment. They were treated at Sadar Hospital and, thereafter, for further treatment, they were sent to Siligudi. Then, he is recording his fardbeyan. The witnesses have seen the occurrence who will speak.

(3.) The police, after investigation, initially submitted charge-sheet against one co-accused Nishi @ Nishi Kant Yadav under Ss. 302, 307, 324, 120(B), 109/34 of the I.P.C. and Sec. 27 of the Arms Act, keeping the investigation pending against others and consecutively submitted the supplementary charge-sheets against co-accused/Rama Yadav @ Ram Narayanan Yadav and Vikram Yadav @ Langra under Ss. 302, 307, 324, 120(B), 109/34 of the I.P.C. and Sec. 27 of the Arms Act and lastly filed supplementary charge-sheet on 28/2/2006 under the aforesaid Ss. against the present appellant, showing him absconder.