ANIL SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ramesh Kumar, learned counsel for the appellant and Mr. Bhola Nath Ojha, learned A.P.P. for the State assisted by Mr. Zubair Khan, learned counsel appearing for the informant.

(2.) This appeal is directed against the judgment of conviction dtd. 20/9/2017 and order of sentence dtd. 23/9/2017 passed by Sri Biresh Kumar, learned Additional Sessions Judge-III, Garhwa in S.T. No. 86/2011, whereby and whereunder the appellant has been convicted for the offence punishable u/s 302 and 452 of the IPC as also u/s 27 of the Arms Act and has been sentenced to undergo imprisonment for life along with a fine of Rs.20,000.00 for the offence u/s 302 of the IPC, R.I. for seven years along with a fine of Rs.10,000.00 for the offence u/s 452 of the IPC and R.I. for seven years and a fine of Rs.10,000.00 for the offence u/s 27 of the Arms Act. All the sentences shall run concurrently.

(3.) The fardbeyan of Binda Devi was recorded on 6/5/2008 at 10:00 A.M, in which, she has stated that on 5/5/2008 at about 7:00 P.M. she along with her husband Rajeshwar Baitha @ Sanjay Baitha and her children after locking the door was cooking when the sound of some persons could be heard. The door was knocked at which she opened the door and found 8-10 persons in Khakhi dress armed with rifles were standing. One of the persons who was short and thin was calling the informant Bhabhi and was repeatedly demanding her mobile. She was being hesitant but when threats were extended she had handed over her mobile to them. As soon as the mobile was handed over 8-10 extremists entered into the house, caught hold of her husband and started dragging him outside by saying that he is a spy who gives all information about the movement of naxalites to the Police and therefore he should be eliminated. It has been alleged that she pleaded with them but it fell on deaf ears. Her husband was dragged and was taken towards the house of Jairam Singh where he was thrashed to the ground and was riddled with bullets as a result of which he died at the spot. After committing the murder the extremists fled away by raising slogans. At the time of the incident one of the extremists disclosed his name as Anil Commander and told her not to disclose his name to the Police. Since it was night the Police could not be informed. Based on the aforesaid allegations Ranka P.S. Case No. 47/2008 was instituted against Anil Commander and 8-9 extremists for the offences punishable u/s 147, 148, 149, 302, 342, 452, 171 of the I.P.C., Sec. 27 of the Arms Act, Sec. 17 of the CLA Act and Sec. 38/39 of the Unlawful Activities (Prevention) Act. On conclusion of investigation charge-sheet was submitted against Anil Singh @ Dhurwa Ji @ Rakesh Ji (appellant) and after cognizance was taken the case was committed to the Court of Sessions where it was registered as S.T. No. 86/2011. Charge was framed against the accused for the offences u/s 148, 452, 302 of the I.P.C., Sec. 27 of the Arms Act, Sec. 17 of the CLA Act and Sec. 38/39 of the Unlawful Activities (Prevention) Act which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.