ANIL SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court. Both these appeals arise out of the judgment of conviction and sentence dated 12/01/2004 and 13/01/2004 respectively, passed by learned Additional District & Sessions Judge, Fast Track Court No. I, Gumla in Sessions Trial No. 84 of 2003, convicting both the appellants for the offences under Section 302/394/34/411 of the Indian Penal Code and 27 of the Arms Act and sentencing them to undergo R.I. for life for the offences under Section 302/34 IPC; R.I. for 10 years for the offences under Section 394/34 IPC; R.I. for 3 years for the offences under Section 411 IPC and R.I. for 5 years for the offence under Section 27 of the Arms Act. However, all the sentences were directed to run concurrently. Both the cases were heard together and are being disposed of by this common judgment.

(2.) The prosecution case, in short, is as follows: PW 9 Pramod Kumar lodged a Fardbeyan on 28/09/2002 at about 1.50 P.M., in Sadar Hospital that he is cashier from the last 20 years in the Sahu Brothers Petrol Pump. He and PW 2, another employee, were working in the petrol pump. The owner Mithilesh Kumar Sahu @ Nanhi (deceased) was also present on one of the counters. At about 1.30 P.M., two unknown persons entered into the office with countrymade pistol in their hands. Another person, with pistol, was standing outside the counter. Both the miscreants demanded money from the informant keeping the pistol on his temple. He gave money, which was kept by the miscreants in their "Ganji". The miscreants went to Mithilesh and asked for more money on pointing pistol. Mithilesh told that all the money was in the cash counter. On this, the miscreants assaulted Mithilesh with butt of the pistol and continued demanding money and asked to open the drawer. When Mithilesh was going to open it, one miscreant fired at him by putting the pistol on his temple. Thereafter, both the miscreants fled away by outer gate. Third miscreants was standing outside the office. He made a blank fire.All the three miscreants fled away from motorcycle after looting an amount of Rs. 1 lakh and committing murder of Mithilesh. The informant claimed to identify the miscreants. He stated that the occurrence was seen by others also.

(3.) The prosecution examined 15 witnesses. PW 1 is the Doctor, who conducted Post Mortem. He found the cause of death to be gun shot injury from point blank range and one lacerated wound near right eyebrow. PW 2 Suresh Prasad @ Surendra Prasad is the other employee named in the FIR, who was also working in the petrol pump at the relevant time. Pws 3, 4 and 7 are the hearsay witnesses. PW 5 saw the miscreants while fleeing away. He identified the witnesses in the Test Identification Parade (T.I. Parade) as well as in the Court. PW 6 also saw the miscreants while fleeing away from the place of occurrence. However, this witness was not taken for T.I. Parade. PW 8 is the Judicial Magistrate, who conducted T.I. Parade. PW 9 is the informant. PW 10 is the other eyewitness, who was present at the place of occurrence. This witness has identified appellant Anil Singh in the T.I. Parade as well as in Court. PWs 11 and 12 are the witnesses to the seizure of firearms and some amount of cash on the confession of both the appellants. PW 13 is the Investigating Officer. PWs 14 and 15 are the police personnels, who produced materials exhibits. The defence examined two witnesses DW s 1 and 2 on the point that appellant Anil Singh was known to PW 10 Krishna Singh from before.