AMARJEET SINGH @ AMBE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 11.07.2002, passed by learned Additional District & Sessions Judge, Fast Track Court No. II, Jamshedpur, East Singhbhum, in Sessions Trial No. 211 of 2000, convicting the Appellant Nos. 1 to 3 under Section 302/34 of Indian Penal Code and Appellant No. 4 under Section 302/109 of the Indian Penal Code and sentencing them to undergo imprisonment for life.

(2.) The prosecution case, in brief, is that the informant-Paramjeet Singh @ Lucky (P.W-9) gave a fardbeyan (Ext-3) before the police on 8.11.1999 at 6 P.M. in Tata Medical Hospital (TMH), Jamshedpur to the effect that at about 3.30 P.M. he and his elder brother-Satnam Singh (deceased) were sitting along with others on the "Chabutra" of the Chakki Mill situated behind Kali Puja Pandal at Tulsi Chowk of No. 10 Basti. In the meantime, the Appellants, residents of the same Basti, came with swords in their hands and started assaulting the deceased. Appellant Nos. 1, 2 and 3 assaulted by swords on the face, head and other parts of the body repeatedly, due to which, the deceased fell down on the ground in precarious condition. Appellant -2-No. 4 was instigating his sons (Appellant Nos. 1, 2 and 3) not to leave the deceased alive. The deceased had fallen down. Even then he was assaulted with swords. Only when the Appellants felt that deceased had died, they fled away. The mother of P.W-9-namely Gurmeet Kaur (P.W-1) and Bhabhi-Reshma Kaur(P.W-6) also reached there and saw the occurrence. Other persons of the neighborhood had also seen the occurrence. The informant along with others took the deceased to T.M.H. Hospital for treatment, where he died just before lodging the FIR. It was further alleged that the reason behind the occurrence was a quarrel between the deceased and the Appellants in the last night and therefore the Appellants with common intention have killed the deceased.

(3.) Charges were framed under Sections 109 & 302/34 Indian Penal Code against Appellant No. 4-Gurnam Singh and under Section 302/34 against Appellant Nos. 1, 2 and 3, to which they pleaded not guilty and claimed to be tried. Their defence was that they are innocent and have been falsely implicated in the case.