RUSTAM KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The sole appellant stood convicted under Sections 302/149, 307/149 and 120B of the Indian Penal Code as well as Section 27 of the Arms Act and sentenced him to undergo imprisonment for life under Sections 302/149 of the Indian Penal Code and to pay a fine of Rs. 25,000/- and in case of default, further to undergo S.I. for one year. He has further been sentenced to undergo R.I. for ten years under Sections 307/149 of Indian Penal Code and to pay a fine of Rs. 10,000/- and in case of default to suffer S.I. of six months. The appellant has also been sentenced R.I. for seven years under Section 120B of the Indian Penal Code and R.I. for five years under Section 27 of the Arms Act with a fine of Rs. 5,000/- and all sentences were directed to run concurrently vide judgment dated 7.11.2012 and order dated 9.11.2012 passed by Sri Choudhary B.K.Rai, Additional Sessions Judge-14, Patna in Sessions Trial No. 948 of 2001.

(3.) Prosecution case is based on the fardbeyan of Ramesh Singh Kushwaha (PW12) recorded on 31.03.1997 at 17.00 hours, stating therein, inter alia that on 31.03.1997 at 3 P.M., Shyam Narayan Yadav (deceased) and District Committee Member of CPI (ML), Chandrashekhar Prasad (deceased) Former President Jawahar Lal Nehru University, Bhrigurashan Patel, a Member of CPI (ML) of Barhtharia Prakhand Committee (PW 2) and Ramdeo Ram, a District Committee Member, proceeded by a Tempo on a campaign for success of Bihar Band and reached J.P. Chowk as soon as the tempo stopped, accused appellant Dhruw Sah armed with service revolver, accused - appellant Munna Khan armed with service revolver, Reyazuddin Khan armed with service revolver and Mantu Khan armed with sten gun rushed towards the said tempo and started indiscriminate firing and in the said firing, Chandrashekhar Prasad died on the spot and Shyam Narayan Yadav received severe injury, Bhrigurashan Patel (PW2) also received firearm injury and Ram Deo Ram (PW 20) fell from the tempo and managed to save himself. Further case of the prosecution is that in the said firing, the passers by have also received firearm injury. Further case of prosecution is that deceased Chandrashekhar Prasad and injured Shyam Narayan Yadav were taken to Sadar Hospital by same Tempo, where, Shyam Narayan Yadav was under treatment, and Shyam Narayan Yadav also disclosed to the informant the names of accused-appellants in presence of Satyadeo Ram. Bhrigurashan Patel after bringing the injured to hospital went to the party office to inform the incident.