KANHAIYA NISHAD, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In S.T. Case No. 436 of 2011, the appellant has been convicted and sentenced to RI for life and a fine of Rs. 10,000/- under section 302 IPC and RI for three years and a fine of Rs. 3000/- under section 27 of the Arms Act. There is a default stipulation to undergo further imprisonment for RI for one year on each count.

(2.) On the basis of the fardbeyan of Manoj Kumar Rawani which was recorded at PST ground around 20:45 hours on 15.04.2011 by R.K. Verma, officer-in-charge of Tetulmari Police Station, Katras (Tetulmari) PS Case No. 87 of 2011 was lodged under section 307/34 IPC and section 27 of the Arms Act against Kanhaiya Nishad and two unknown persons. After the investigation a charge-sheet was submitted against Kanhaiya Nishad, the appellant, and he has faced the trial on the charge of committing murder of Binod Rawani by firearm. During the trial the prosecution has examined 13 witnesses out of whom PW-5, PW-6 and PW-7 are family members of Binod Rawani and PW-1, PW-2 and PW-3 are his friends.

(3.) Pw-1 and PW-2 are friends of the appellant as well as the deceased. The prosecution has projected them as eye-witnesses. PW-1 has deposed in the Court that he has given Rs. 93, 600/- to Binod Rawani for his admission in Mining Course and Binod Rawani in turn gave money to Kanhaiya Nishad for managing his admission but it could not be arranged. He therefore asked Binod Rawani for money however when Binod Rawani asked the appellant he did not return money as promised. Finally, he agreed to return money on 15.04.2011 and on that day he called Binod Rawani and asked him to come at PST ground, Tetulmari. At the PST ground he has seen Kanhaiya Nishad talking to someone on phone. At that time two unknown persons were also standing near him. They talked something among themselves and then the appellant came near Binod Rawani. The appellant said about his inability to arrange money and while Binod Rawani was expressing his displeasure in the mean-time the appellant whipped out a pistol and shot at Binod Rawani. He ran away raising hulla, several persons rushed there and the appellant fled away. Thereafter PW-1 had gone to the house of Binod Rawani and informed his parents about the occurrence. He has stated in his cross-examination that police arrived at the place of occurrence after about half an hour of the occurrence and the brother of Binod Rawani has taken him to hospital after the police came there and made enquiries. He further says that Binod Rawani was taken to hospital on a bike by his brother and a friend of his brother. He admits that Tetulmari Police Station is near the place of occurrence but can not say who first gave information in the police station. He admits that money was due from Binod Rawani and he was under stress because even after one year he did not return his money. He has further admitted that the brother of Binod Rawani and the appellant had fought election for Mukhiya but he does not know whether the appellant had won the election. PW-2 has also narrated almost a similar story about the incident. He has deposed in the Court that the appellant had called Binod Rawani at PST ground to return money which was given to him by Binod Rawani for arranging admission of PW-1 in a Mining College. He says that at about 20:30 PM he had gone to PST ground, Tetulmari and seen the appellant there talking to someone on phone with two unknown persons standing near him. He has stated that Binod Rawani became annoyed when the appellant told him that he could not arrange money. When the appellant fired from a pistol at Binod Rawani he ran away and called the elder brother of Binod Rawani. In his cross-examination PW-2 has stated that the distance between Tetulmari Police Station and PST ground is about 100-150 meters and within 20-25 minutes of the occurrence the police came there. He did not go to the police station and says that after the police arrived at the place of occurrence Binod Rawani was taken away somewhere by his brother on a motor-bike. To a suggestion by the defence, he has denied knowledge that Manoj Kumar Rawani, brother of the deceased, had fought election of Mukhiya.