LAWS(JHAR)-2002-11-2

STATE OF JHARKHAND Vs. ANIL SHARMA

Decided On November 29, 2002
STATE OF JHARKHAND Appellant
V/S
ANIL SHARMA Respondents

JUDGEMENT

(1.) The Death Reference No. 1 of 2002 under Section 366 Cr. P.C. and three criminal appeals aforesaid preferred by the appellants named above arise from the impugned judgment dated 22-3-2002 passed in S. T. No. 443/99 by Sri Prabodh Ranjan Dash, Addl. Judicial Commissioner-cum-Special Judge IV, Ranchi whereby and whereunder appellant Anil Sharma (Cr. Appeal No.166/02) has been found guilty for the offence under Section 302 and 307/34 I.P.C. and convicted and he was sentenced to death for the offence under Section 302 I.P.C. and 10 years R.I. and a fine of Rs. 2,000.00 for the offence under Section 307/34 I.P.C. and in default thereof to undergo R.I. for three months whereas the rest of the appellants named above have been found guilty for the offence under Sections 302/34 and 307/34 I.P.C. and they were convicted and sentenced to undergo R. I. for life for the offence under Section 302/34 I.P.C. and R.I. for 10 years and a fine of Rs. 2,000.00 for the offence under Section 307/34 I.P.C. and in default thereof to undergo R.I. for three months and their sentences were ordered to run concurrently and the death sentence passed against appellant Anil Sharma has been submitted before this Court for confirmation. The death reference aforesaid and the three criminal appeals are hereby disposed of by this judgment.

(2.) The prosecution case has arisen on the basis of the Fardbeyan (Ext. 8) of P.W. 6 Hare Ram Singh alias Manoj Singh, the cousin of Sudhir Singh alias Bhoma, the deceased in this case, said to be an injured in the occurrence in question recorded by S.I. A. K. Verma (not examined in this case) of Lower Bazar P.S., Ranchi on 22-1-1999 at 10.00 hours in the Surgical ward D-1 of R.M.C.H. Ranchi regarding the occurrence which is said to have taken place at 6.45 hours on that very day in Ward No. 2 of Jail Hospital in Birsa Munda Central Jail, Ranchi and on the basis of said Fardbeyan, Lower Bazar P.S. Case No. 12/99 was registered at 11.00 hours on that day and formal F.I.R. (Ext. 8/1) was drawn and the said Fardbeyan (Ext. 8) along with the formal F.I.R. (Ext. 8/1) was received in the Court of C.J.M., Ranchi on 23-1-1999.

(3.) The prosecution case as per Fardbeyan (Ext. 8) of P.W. 6, Hare Ram Singh alias Manoj Singh, in brief, is that he had gone to Ward No. 2 of the Jail Hospital at 6.45 A.M. on 22-1-1999 as usual to his cousin Sudhir Singh alias Bhoma from his Ward No. 6 of the jail and he used to sit with Sudhir for the whole day and he also used to keep his clothes etc. there. It is alleged that soon thereafter when he was talking with Sudhir Singh, appellants Anil Sharma, Sushil Srivastava, Niranjan Kumar Singh, Md. Hasim alias Madhu Mian all armed with Chhura, Bablu Srivastava and Gopal Das armed with belt and iron rod respectively along with 10 or 12 other persons came to Sudhir Singh and appellant Anil Sharma caught the collar of Sudhir Singh and at this stage Sudhir Singh asked as to "what has happened, brother" and in the meantime appellant Anil Sharma assaulted him by Chhura and appellant Sushil Srivastava, Niranjan Kumar Singh and Md. Hasim alias Madhu Mian mounted assaulted on him by Chhura with which they were armed and appellant Bablu Srivastava and Gopal Das also assaulted him by belt and iron rod respectively besides 10 or 12 other persons aforesaid also who had surrounded and assaulted him. The prosecution case further is that the informant requested appellant Anil Sharma to let off and leave Sudhir Singh and also enquired as to what is matter but of no avail and the said Sudhir Singh fell on the ground as a result of injury. It is further alleged that appellant Anil Sharma thereafter mounted attack on the informant and inflicted a blow at the neck of the informant by Chhura and appellant Sushil Srivastava and Niranjan Kumar Singh assaulted him by Chhura causing bleeding injury on his head and left hand respectively and the informant also fell down being injured and other persons aforesaid also assaulted him by kick and fists. There was then the ringing of alarm bell. After ten minutes, the jail constables came there blowing whistles and during that period these was a great stampede and Sudhir Singh in an unconscious state along with the injured informant was shifted to R.M.C.H., Ranchi for treatment where the informant was undergoing treatment, and Sudhir Singh aforesaid had died on his way to the Hospital.