KALLU RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Kallu Rajak @ Rahul Rajak, Ashok Rajak and Sushil Kumar faced the trial on the charge under sec. 302/34 of the Indian Penal Code and sec. 27 of the Arms Act for committing murder of Shiva Tirkey. In Sessions Trial No. 689 of 2012, they are convicted for committing murder of Shiva Tirkey and sentenced to RI for life and a fine of Rs.10,000.00 each under sec. 302/34 of the Indian Penal Code with a default stipulation to undergo further SI for six months. Kallu Rajak @ Rahul Rajak is further convicted and sentenced to RI for two years under sec. 27 of the Arms Act. Ashok Rajak and Sushil Kumar are acquitted from the charge under sec. 27 of the Arms Act by the learned trial Judge.

(2.) An information about the murder of Shiva Tirkey was given to the officer-in-charge of Lalpur PS by his father on 8/3/2012 at about 07:30 AM and, accordingly, Lalpur PS Case No. 69 of 2012 was lodged against Kallu Rajak and two unknown under sec. 302/34 of the Indian Penal Code and sec. 27 of the Arms Act. The investigating officer found blood marks near the house of Deepak Tirkey where his son was shot dead. Kallu Rajak surrendered in the Court on 14/3/2012 and he was taken on remand the next day when he suffered disclosure statement at 08:30 PM before the investigating officer. On the pointing of Kallu Rajak, one Intex mobile phone was recovered by the investigating officer from the house of Prakash Ekka. The investigating officer recorded statement of the witnesses and three of them ' Prakash Ekka, Bablu Tirkey and Ishu Tirkey ' agreed to give their statement before a Magistrate under sec. 164 of the Code of Criminal Procedure. Dr. Binay Kumar who conducted the postmortem examination found that Shiva Tirkey had suffered antemortem firearm injury over right side of his occipital region.

(3.) Though the firing took place after midnight, the night was alive as the villagers were celebrating Holika Dahan till late in the night but other co-villagers were not examined by the investigating officer. The firearm allegedly used by Kallu Rajak could not be recovered and the investigating officer did not collect blood soaked soil from the place of occurrence. But finding that the other evidences collected in course of the investigation are sufficient to lay a charge-sheet, Kallu Rajak, Ashok Rajak and Sushil Kumar were sent up for trial and, as noticed above, they faced the trial on the charge of murder.