SATYENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants in the aforesaid two Appeals were tried together, convicted and sentenced by a common judgment in Sessions Trial No. 198 of 2008 / 84 of 2012 , and as such, both the Appeals were taken up together and are being disposed of by this common judgment.

(2.) Both the appellants by judgment dated : 18.03.2013 were convicted for commission of offence under Section 302/34 of the Indian Penal Code , 1860 ( hereinafter referred to as the "I.P.C.") and Section 27 of the Arms Act, 1959 (hereinafter referred to as the "Arms Act") and by order dated - 20.03.2013 under Section 302/34 of the I.P.C. both were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- each. Under Section 27 of the Arms Act both were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- each. In case of default of payment of fine they were directed to further undergo rigorous imprisonment for six months under Sections 302/34 of the I.P.C. and two months imprisonment under Section 27 of the Arms Act. All the sentences were directed to run concurrently. The judgment of conviction and sentence was passed by learned Ad-hoc Additional Sessions Judge IV, Jehanabad in Sessions Trial No. 198 of 2008 / 84 of 2012 [ arising out of Karpi P.S. Case No. 66 of 2005].

(3.) Short fact of the case is that on 30.06.2005 at 8.00 A.M. in Karpi Police Station Sub Inspector of Police Sri B.K. Verma ( P.W. 7 ) recorded fardbyan of Vijay Kumar ( P.W. 4 ) of Village - Jaikaran Bigha, P.S. - Parasbigha , District - Jehanabad. In the fardbyan the informant disclosed that he and Gaya Yadav , aged about 35 years ( deceased ), S/o Karu Yadav, resident of village -Jaikaran Bihga , Shivdahin Thakur (P.W. 5 ) resident of village - Ajad Nagar, Nehalpur and three children on 29.06.2005 at 15.00 Hours [ 00 P.M. ] hiring an Armada Jeep bearing Registration No. JHO6A9034 had gone to village- Mangabigha to the house of Shyamnandan Yadav (not examined). On 30.06.2005 at 6.45 A.M. Gaya Prasad Yadav ( deceased) after bidagari of his daughter- Sushma Devi (P.W. 2 ) proceeded for Jaikaranbigha. At about 7.30 A.M. while they reached by the said Armada Jeep near Karpi Bus Stand suddenly one person having fair complexion, average height, wearing pant & shirt came in front of the vehicle and stopped it. He forcibly took key of the vehicle from the driver. Another accused who was tall, dark complexioned wearing kurta paijama from his pistol fired on him, however it misfired. The informant after opening the gate from front side started fleeing away, however , though accused tried to caught hold of him but he escaped and fled away. Even from backside firing was made but it did not hit him. He stated that firing continued and when he returned after some time then Shivdahin Thakur ( P.W. 5 ) and Sushma Devi ( P.W. 2 ) told that accused persons had given shot of firing on left hand , left chest and waist of Mukhiya Gaya Yadav due to which he died. About 6-7 miscreants belonging to "Ranveer Sena" had killed and fled towards Western side . The informant further stated that he and Shivdahin Thakur amongst the accused persons identified : (1) Satyendra Sharma [ appellant in CR. APP (DB) No. 469 of 2013 ] of village -Karpidih (2) Putun Sharma, resident of village - Karpidih ( 3 ) Shyam Sharma, S/o Fakira Sharma, resident of village - Sendhwa, P.S. - Parasbigha. Informant claimed that Satyendra Sharma ( appellant) and Putun Sharma both resident of village - Karpidih, Shyam Sharma, S/o Fakira Sharma, resident of village -Sendhwa and four unknown accused persons conspiring with each other had gunned down Mukhiya Gaya Yadav. His fardbyan was recorded in presence of Shivdahin Thakur [ P.W. 5 ] and Ram Babu Yadav [ not examined]. After reading and understanding the same to be correct the informant put his signature. On the said fardbyan signature of Ram Babu Yadav ( not examined ) and L.T.I. of Shivdahin Thakur (P.W. 5 ) was obtained. On the basis of the said fardbyan on 30.06.2005 immediately at 8.00 A.M. itself a formal F.I.R. vide Karpi P.S. Case No. 66 of 2005 was registered for the offence under Sections 302/341/34 of the I.P.C., Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act, 1961 ( hereinafter referred to as the "C.L.A. Act" ) against : ( 1 ) Satyendra Sharma ; (2) Shyam Sharma and (3) Putun Sharma and four unknown accused persons.