RAMCHANDRA PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants Ajay Sharma and Vijay Sharma [in Cr. A. No. 122 of 1996 (R)] and appellant Ram Pravesh Sharma [in Cr. A. No. 116 of 1996 (R)] were found guilty and were convicted on trial for an offence lunder Sections 302/ 149/147/148 of the Indian Penal Code and 27 of the Arms Act and appellants Deomuni Sharma and Bimal Sharma [in Cr. A. No. 122 of 1996 (R)] were also found guilty and were convicted under Section 307/149/147/148 of the Indian Penal Code and 27 of the Arms Act. Accordingly, appellants Ajay Sharma, Vijay Sharma and Ram Pravesh Sharma were sentenced to undergo R.I. for life for an offence under Section 302 of the Indian Penal Code and no separate sentence under Sections 149/147/148 of the IPC against them was passed and they were further sentenced to undergo R.I. for 7 years under Section 27 of the Arms Act, both the sentences to run concurrently appellant Bimal Sharma was sentenced with life imprisonment for an offence under Section 307 of the Indian Penal Code no separate sentence was passed under Sections 147/148/149, IPC and he was also further sentenced to undergo R.I. for seven years for an offence under Section 27 of the Arms Act. Appellant Deomuni Sharma was sentenced to undergo R.I. for 10 years under Section 307, IPC and seven years under Section 27 of the Arms Act. No separate sentence was passed under Sections 147/148/149, IPC. Both the sentences were ordered to run concurrently. Being aggrieved by their conviction and sentence on trial, the appellants have preferred these two appeals. As both the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) As per the fardbeyan (Ext. 5) of Upendra Singh (PW 8) whose signature thereon has been marked Ext.1/2, which was recorded by S.I., Sri B.N. Sinha (not examined) at 9.40 hours on 12.11.1994 at Sharudih, the prosecution case is as follows. Plot No. 97 appertaining to Khata No. 17 Mauza Hirapur, was the land in dispute regarding which the Title Suit No. 54 of 1991 was pending in the Court of Munsif Magistrate-Ist. Dhanbad, and in that title suit there was an injunction against both the parties to that title suit. By that injunction order both the parties had been restrained from going over the disputed land. In the morning at about 7 O'clock on the day of recording of the fardbeyan, Deomuni Sharma, Ajay Sharma, Vijay Sharma, Bimal Kumar and some other persons started laying earth and brick on the disputed land and, as such, started changing the feature of the land. When the informant and informant's party came to know of this at about 9 a.m., his father Harihar Singh and his uncle Janardan Singh @ Chhedi Singh went there and enquired about the matter as to why they were making road on the disputed land when there was an injunction order, on this Deomuni Sharma, Vijay Sharma, Ram Pravesh Sharma, Bimal Kumar and others started abusing them and Deomuni Sharma told that he would do what he liked. He also told that if you (informant party) have any love with the life then go away, otherwise he would shoot them all dead. On hearing this hulla-gulla and abuse, the younger brother of the informant Shushil Singh, his cousin brother Manoj Singh (PW 4) his grandfather, Ramgovlnd Singh (PW 1), Shankar Singh, Nandji Yadav, Mahanth Yadav (not examined) and other people of mohalla went on the disputed plot and they tried to pacify the matter, but the accused-persons did not listen their advise and Ajay Sharma, Ram Pravesh Sharma, Vijay Sharma and Bimal Kumar went inside the house, which is adjoining to the disputed plot and came out armed with weapons and as such Deomuni Sharma armed with rifle, Vijay Sharma with rifle, Bimal Sharma with pistol, Ajay Sharma armed with rifle, Ram Pravesh Sharma armed with pistol, Thereafter, Deomuni Sharma gave order to kill saying sabhi sale ko goli se bhurj do and thereafter they started firing Consequent to that his father, Harihar Singh was hit at chest, neck and leg by gun shot and he fell down and instantaneously died. The younger brother of the informant Shushil Singh received gun injury in his head chest and he also died instantaneously. The informant claimed that Harihar Singh had died due to firing made by Vijay Sharma and Shushil Singh died due to the firing made by Ajay Sharma Ram Pravesh Sharma had aimed at the uncle of the informant Janardan Singh @ Chhedi Singh and Bimal Kumar had aimed at his cousin brother Manoj Singh by his katta country made pistol and that hit the leg of Manoj Singh. At the time of recording of the fardbeyan Chhedi Singh and Manoj Singh had been removed to hospital for treatment. It transpires that on the basis of the fardbeyan a formal FSR was drawn up and investigation was taken up and during the course of investigation injury reports (Exts. 1 and 1/1), a seizure list (Ext. 3) and inquest reports (Exts. 6, 6/1 and 7) were prepared, which contains the signature of the witnesses. Then it appears that Chhedi Singh @ Janardan Singh died subsequently. It appears that on 12.11.1994 the postmortem of Harihar Singh and Shushil Singh was done by Dr. Shailendra Kumar (PW 9), who proved the postmortem reports (Exts. 2 and 2/1). It appears that subsequently injured Janardan Singh @ Chhedi Singh also died and the postmortem on his dead body was done by (PW 10) Dr. D.K. Dhiraj on 25.11.1994 at 11 a.m., who proved the post mortem report (Ext 2/2). It also transpires that a seizure list (Ext.3) was also prepared, which indicates the signature of Muni Singh and Ram Govind Singh and during the course of trial Sanha Diary Entry has also been produced which is marked as Ext. 8. During the course of trial material Exts. I, II, III and IV, were also produced before the court, which are rifle, 10 cartridges, one pistol and 5 cartridges.

(3.) The defence version of the case as appearing from the trend of cross-examination is that the case is false and the occurrence has not taken place as has been narrated by the informant and by forming a group the informant and others has filed this false case and in order to conceal their own crime the prosecution has lodged this case In his examination under Section 313 of the Code of Criminal Procedure appellant Vijay Sharma set up a defence that the prosecution party surrounded his house on 12.11.1994 and were firing upon them and they were 30-35 persons, out of them some persons had entered in his house and assaulted him, his/father and his brother and when they went to Police Station no medical aid was provided but when they appeared before the CJM on his direction they were sent to jail and they were treated. He was also hospitalized for 25 days. His father was also confined to hospital during that period and his brother was also confined to the hospital for even larger period. Bimai Kumar in his defence said that he went to Deomuni Sharma at about 12 noon along with a letter of his brother from Katras but he did not find any one there. His daughter-in-law asked her to come another day and when he was coming out of his house then in the lane the police arrested him. He told this fact to the police but the police did not release him and took him to Police Station and there confined him to Hajat. On 13.11.1994 by force he was compelled to write 'receipt a copy' on the blank paper. He is innocent and has been falsely implicated. The defence of Ram Pravesh Sharma was that he was going from his house to his office then he came to know about the occurrence and went to see his brother in the Police Station where B.N. Sinha, S.I. (who recorded the fardbeyan) asked him to sit and subsequently put him to hajat and when he protested he did not hear him and, thereafter, Bimal Kumar was arrested. The defence of Deomuni Sharma is that he has been falsely implicated. The prosecution party raided his house with many persons because they were continuously being defeated in the cases. They have come out with intention to do away their lives and to take their property. At that time in his house he and his two sons were there and no other persons were there. His Younger brother Ram Pravesh Sharma when came to see him at the Police Station, he was also arrested Bimal Kumar had come with a letter for some employment but he was also arrested from his house. They were also innocent. The defence of Ajay Kumar Sharma is that on 12.11.1994 at about 7 a.m. the prosecution party along with 25-30 persons, who belong to Jharia, came with lathi, bhala, gandasa rifle and goli and surrounded his house and out of them some persons from the northern portion of his house indiscriminately started firing on his house. In the meantime the police arrived there and the police arrested him, Vijay Sharma and his father Deomuni Sharma and brought them to the Police Station and confined them in hajat at about 9 a.m. On the second day i.e. on 13.11.1994 the police forced him to sign on a blank paper of which there is a carbon copy also and he was forced to write and sign on it got one copy received. On 12.11.1994 after they have been confined to the hajat his uncle Ram Pravesh Sharma and brother Bimal Kumar were also put in hajat The police recovered no arm from his possession, but later on he came to know that after breaking lock the police had seized the rifle from his house. The informant had lost many cases, therefore, they had raided the house of the accused with intention to loot and to insult the female members. They are innocent. His further defence is that the informant and others also assaulted him and they had caused injury on his person. No medical aid was provided at the Police Station but the jail doctor under the direction of the CJM had treated him and he was confined to jail hospital for 30-35 days.