MUNNA RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These appeals arise out of the judgment of conviction and order of sentence dated 04.02.2010 and 05.02.2010 respectively, 'passed by Additional Judicial Commissioner, F.T.C., Ranchi, in Sessions Trial No. 168 of 2001, convicting the appellants under section 302/34/120B of the Indian Penal Code and 27 of the Arms Act and sentencing them to undergo R.I. for 3 years and a fine of Rs. 2,000/-each and in default thereof, S.I. for 2 months under section 27 of the Arms Act, life imprisonment and fine of Rs. 5,000/- each and in default thereof, S.I. for 3 years under section 302/34/120B of the Indian Penal Code. 60% of the fine was to be paid to P.W-4-father of the deceased. The sentences were to run concurrently. The prosecution case in short is that the informant-Arun Kumar -P.W-5, who happens to be an advocate of Civil Court, Ranchi, lodged a fardbeyan on 12.05.2000 at 7.45 P.M. to the following effect. There was some dispute between his younger brother-Rajesh Kumar ( deceased) and one Nirmal Kumar due to taking away money from the pocket of the deceased. Nirmal Kumar told about this to the appellant-Munna Rai @ Satrughan Rai and one Rana Singh (declared juvenile). Thereafter, the informant asked the deceased not to demand rest of the amount i.e. Rs. 600/-. On 12.05.2000, the deceased was roaming with appellant-Dilip Kumar Chourasia @ Bablu and Bhola (absconding accused). Appellant-Sanjeev Kumar @ Guddu told Rajesh to clear the amount of V.C.P. by coming to his home in the evening. Thereafter, Sanjeev Kumar went away. At about 6 P.M., appellant-Dilip Kumar Chourasia @ Bablu and Bhola came to the house of the informant and took away the deceased. After about one hour, Bablu and Bhola came running and informed that one Rana Singh (declared juvenile) and Munna Rai (claimed to be juvenile) have killed Rajesh Kumar by fire arm injury and have fled away. The informant rushed to the place of occurrence along with Bhola and Bablu and found his brother-Rajesh dead with bleeding injuries. There were fire arm injuries on his head and chest. The details of the occurrence was given to him by Bhola and Bablu to the effect that when they reached near the house of appellant-Sanjeev Kumar @ Guddu at about 6.45 P.M. Guddu was not at home. While they were returning, appellant-Munna Rai caught Rajesh Kumar from behind and Rana Singh caused fire arm injury on his head, due to which Rajesh fell on the ground. Thereafter, Munna Rai took out his pistol and fired at the chest of the deceased and then they fled away. This occurrence was witnessed by the neighbouring persons. It was alleged that after hatching conspiracy, appellants have killed-Rajesh Kumar due to the said dispute.

(2.) Prosecution examined 10 witnesses. P.Ws. 1, 2 and 3 have been declared hostile. P.Ws.-4, 5 and 6 are hearsay witnesses. P.W-7 is the investigating officer. P.W-8 is the doctor, who conducted postmortem. P.W-9-Renu Kumari is said to be an eye witness. P.W-10 is the seizure list witness.

(3.) It is submitted on behalf of the appellants that there is no dispute that Rajesh Kumar was killed by causing fire arm injuries on his head and chest but the prosecution has projected P.W-9 as the only eye witness but she cannot be relied as an eye witness.