HARPAL SINGH ALIAS HEERE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 19.6.2008 and 21.6.2008 passed by the 1st Additional Sessions Judge, FTC Jamshedpur in Sessions Trial No. 57 of 2008 whereby the appellant has been convicted under Section 302 read with Section 34 IPC and Section 27 of the Arms Act, and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months. The appellant has further been sentenced to undergo rigorous imprisonment for 3 years for the offence under Section 27 of the Arms Act. It was further directed that all the sentences would run concurrently.

(2.) Facts of the case, in brief, are that on 26.6.2006 at about 8.30 to 8.45 p.m. the informant PW1 Durga Rai, along with Latu alias Jagtar Singh (deceased), Manoj Kumar Singh @ Bhole, Bittu Mishra and Munna Yadav were dining and drinking while sitting together over a chauki in front of Ashok Hotel situated in a truck parage, Garwasa, PS. Golmuri, District East Singhbhum. All of a sudden, Harpal Singh alias Heere (appellant), Raju Choudhary, Sandeep Mishra, Harish Roy and Suchcha Sardar emerged at the place of the occurrence from the side of the trucks which were parked in front of the Ashok Hotel. The appellant and Raju Choudhury were holding pistols in their hands and they shot fire upon the deceased Lutu alias Jagtar Singh which struck on his head as a result of which, he fell down on the ground and blood started oozing out from his injury. He was shifted to a hospital. In the meantime, customers who were taking meals in the hotel, as also the friends of the deceased chased the culprits to catch hold of them, but because of darkness they successfully managed to flee away from the place of the occurrence. The deceased was taken to TMH Jamshedpur where he was declared dead by the doctor. A written report was lodged with the Golmuri Police Station on the basis of which Golmuri PS Case No. 157 of 2006 was registered and the investigation was started.

(3.) The investigating officer after completion of investigation submitted charge sheet before the trial court. The case was committed to the court of sessions and charges were framed against the appellant; he denied the charges and claimed trial.