GUDDU MISHRA AND ORS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These criminal appeals have been directed against the judgment of conviction and sentence dated 9.3.2005 and 11.3.2005 respectively passed by the 1 st Addl. Sessions Judge, Jamshedpur, in Sessions Trial No. 385 of 1995 (Jugsalai P.S. Case No. 70 of 1994 corresponding to G.R. No. 708 of 1994) whereby the appellants have been held guilty for offences punishable under section 302/34 IPC and sentenced to undergo rigorous imprisonment for life.

(2.) Fact emerges from the fard beyan of Sanju Kumar Singh recorded on 25.4.1994 at 16 hours at Gaushala Chowk, P.S. jugsalai is that the father of the informant was sitting in his betel shop situated at Gaushala Chowk, Jugsalai. At about 3.15 p.m. the appellants Suman Singh, Surajbhan Singh @ Chuha, Gudu Mishra and Munna Yadav( absconded during trial) reached to the place. Surajbhan Singh @ Chuha, Munna Yadav and Guddu Mishra pulled out the deceased from his betelshop and threw him down on the road. The aforesaid miscreants instigated Suman Singh to kill the deceased whereafter Suman Singh took out a dagger from his waist and inflicted 7/8 blows causing injuries on the chest of Lalan Singh (deceased). The deceased and the informant cried for help, but the nearby shopkeepers closed down shutters of their shops and fled away. The appellants after causing injuries to Lalan Singh (deceased) moved towards Garha Basa Basti. After the miscreants left the place, people of the locality and the witnesses assembled and took the injured to nearby Jugsalai Hospital and from there to MGM Medical College & Hospital, Jamshedpur where Lalan Singh was declared dead. Police arrived at the place and recorded fard beyan of the informant Sanju Singh (PW7) who happens to be the son of the deceased and registered Jugsalai P.S. Case No.70 of 1994 under sections 302/34 IPC against appellants.

(3.) The appellants were charge sheeted and after commitment of the case they were put on trial after framing of charges under sections 302/34 IPC.