GANESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT is sole accused convicted for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'the I.P.C ') and Section 27 of the Arms Act by the judgment under appeal dated 29.8.2002 passed by learned Additional Sessions Judge -Vlth, Begusarai in Session Trial No. 78 of 2000 arising out of Nao Kothi P.S. Case No. 90 of 1998.

(2.) After hearing on question of sentence by order dated 2.9.2002 the appellant has been awarded life imprisonment for the offence under Section 302 of the I.P.C. and also a fine of Rs. 10,000/ - and in default R.I. for one year. For the offence under Section 27 of the Arms Act no separate sentence has been awarded. The prosecution case is based upon fardbeyan of P.W. 6, Ram Rekha Singh recorded by A.S.I. Sheo Mangal Singh (P.W.7) of Nao Kothi Police Station on 6.9.1998 at 2 P.M. at Pahsara Chowk. According to the prosecution case the informant who is father of the deceased, Rajeev Kumar had started on bicycle at about 10 A.M. for going to Bakhri. At about 12 in the noon he was on the Pahsara -Bakhri road at a distance of 100 yards south from Chamardiha near the house of one Ganesh Singh resident of Pahsara. From a distance he saw a Tata 407 Bus coming towards him. On that bus his son Rajeev Kumar aged about 18 years was engaged in duty as a conductor and at the relevant time was collecting fare from passengers sitting on the roof of the bus. Suddenly, one boy took out pistol and fired a shot at Rajeev Kumar and as a result he fell down on the roof of the bus. The informant proceeded towards the bus and raised hulla that his son has been shot. In the meantime the assailant Ganesh Singh aged about 22 years, the appellant, started fleeing away towards south with pistol in his hand. On the hue and cry raised by the informant some police guards posted at Chamardiha started chasing the appellant. The informant also ran but the assailant managed to flee away. The informant wanted the bus driver to stop the vehicle but seeing the serious condition of his son the driver took away the bus to Begusarai for treatment. The informant made a categorical statement that appellant had shot at his son Rajeev Kumar only because he had asked for payment of bus fare.

(3.) IT is further case of the prosecution that the injured Rajeev Kumar was taken on bus to Begusarai Hospital where the doctor found him dead. The inquest was prepared by an official of Begusarai Town Police Station at 2.10 P.M. and subsequently it was handed over to the Investigating Officer, P.W. 7. The dead body was sent for post mortem examination on same day and the post mortem was conducted at 4 -15 P.M. After completing investigation the I.O. submitted charge -sheet against the appellant under Section 302 I.P.C. and Section 27 of the Arms Act. The F.I.R. was initially under Sections 326/307 of the I.P.C. and Section 26/27 of the Arms Act but Section 302 I.P.C. had been added subsequently on order of the Additional Chief Judicial Magistrate, Begusarai dated 9.9.1998.