YOGENDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment dated 19-1-1998 of Shri Abdul Samad, 3rd Additional Sessions Judge, Munger by which he has convicted the two appellants for offences under Section 307 read with Section 34 of the IPC and sentenced them to undergo rigorous imprisonment for three years and also directed to pay a fine of Rs. 1000/- each failing which they were to undergo rigorous imprisonment for one month; the fine was to be paid to the informant as compensation. The appellants were also tried for the offences under Section 393 of the IPC and Section 27 of the Arms Act but were acquitted on the said charges.

(2.) The prosecution case as laid out in the fardbeyan of P.W. 3 Ram Pravesh Singh, DPC, Jamalpur GRP is that on 27-2-1996 he along with ASI Kumar Kant Jha and Constable Arbind Kumar Singh, Suresh Tiwari and Ram Prasad Ram were on escort duty on 5 JK DMU Train running between Jamalpur to Kiul. On all the stations the bogies were being checked. At Kajra Station seeing a large crowd inside the bogie No. 8363 AY they boarded the said bogie : the informant and the Constable Suresh Tiwari from the gate at the back and other three from the gate at the front. Constable Tiwari and the informant started moving towards the gate in the middle. Constable Tiwari went ahead him. When he reached near the middle gate the informant saw three boys including the two appellants moving which made him suspicious. One of the boys thereafter fired at him with country made gun (katta) which hit him on the face and jumped down from the train. The other boy also jumped down from the train. The third boy also fired at him which hit him on his shoulder and he even tried to catch him but his shawl alone remained with him when the said boy also jumped down from the train. The other police men in the escort party also came running but on account of the heavy rush in the compartment and the train having picked up speed they could not fire at the fleeing criminals. When the train reached Kiul Station at around 10.15 p.m. the informant (P.W. 3) was given first aid and his fardbeyan was recorded. The three criminals were stated by him to be between 20-25 years of age. On the basis of the said fardbeyan (Ext. 1) the formal FIR was registered at Jamalpur Police Station and the matter was investigated by P.W. 7 B. Ram, the Officer-in-charge, Jamalpur GRP and in the course of investigation the two appellants were arrested at Jamalpur Railway Station in suspicious circumstances by him on 25-3-1996. They were put on Test Identification Parade on 27-3- 1996 in which they were identified by the informant Ram Pravesh Singh (P.W. 3) as also Constable Suresh Tiwari (P.W. 2) and ASI Kumar Kant Jha (P.W. 6). Another T. I. Parade was held on 6-4-1996 in which the other Constables P.Ws. 1 and 4 also identified the two appellants. The T.I. charts prepared on 27-3-1996 and 6-4-1996 are respectively made Ext. 4/1 and Ext. 4. Ext. 5 is the injury report of the informant Ram Pravesh Singh. After investigation the police submitted charge-sheet (Ext. 3) and the case was committed to the Court of Session and the appellants were put up on trial under Sections 307/34 and 393 of the IPC including Section 27 of the Arms Act. After the trial they have been convicted and sentenced as stated above. The defence of the appellants is mainly of false implication on mere suspicion after they were arrested at Jamalpur Railway Station. In support of its case the prosecution has examined all the five members of the escort party as also P.W. 8 who has given the injury report and the Investigating Officer B. Ram (P.W. 7) apart from a formal witness P.W. 5 who has proved the formal FIR.

(3.) In his evidence in Court the informant Ram Pravesh Singh (P.W. 3) has stated the facts that he had mentioned in the fardbeyan. The other four eye-witnesses have also given similar versions of the incident. They have all identified the appellants in the T.I. Parade. They have also denied the allegation that the appellants were shown to them prior to the holding of the T.I. Parade.