RAJDEO SHARMA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) The sole appellant Rajdeo Sharma has preferred Cr. Appeal No. 109 of 1994, challenging the judgment and order of conviction and sentence dated 5.5.1994 and 10.5.1994 respectively, passed by Sri Satyendra Kumar Gupta, learned 3rd Additional Judge, Hazaribagh, in Sessions Trial No. 200 of 1990, whereby and whereunder, he has convicted the appellant under Section 302/34 of the Indian Penal Code and sentenced him to undergo imprisonment for life. Later on Jail appeal has been preferred by the appellant on 11.7.1994, whicr has been registered as Cr. Appeal No. 149 of 1997, which has now become redu'1dant.

(2.) THE prosecution case, as per the Fard -beyan (Ext. 3) of the informant Arjun Singh (PW 9), recorded by S.I. S.D. Singh on 31.5.1989 at 21.45 hours at Naisarai Hospital, is that on that day in the evening at about 21 hours he was standing in front of his quarter, situated at Sarubera Colony. His elder brother Brajendra Narayan Singh was lying on a nearby bench and his maternal brother Ranjit Kumar Singh (PW 8) was sitting on a chair. At about 9.00 p.m. PD. Sharma, Under Manager, Kedla Colliery and his own brother Rajdeo Sharma along with one unknown person went to Brajendra Narayan Singh. PD. Singh enquired from him about Mahesh Singh as to where he was. Brajendra Narayan Singh replied that Mahesh Singh was inside the quarter and was just trying to sit. Then PD. Singh fired with pistol causing injury on be back of his head on right side. His brother Rajdeo Sharma (appellant) fired with pistol at Brajendra Narayan Singh, which injured right neck. When informant and his maternal brother Ranjit Singh cried, then the nearby persons hearing the sound of firing and cry of the informant and his brother reached there and chased the assailants. The assailants while fleeing away, so fired once but even then the villagers chased and this appellant Rajdeo Sharma was caught. PD. Sharma and one unknown person managed to escape. Appellant Rajdeo Sharma before the villagers confessed that he and his brother PD. Sharma and one Binod Singh had committed the alleged offence. Injured Brajendra Narayan Singh was taken to Naisarai Hospital where the doctor declared him dead. The appellant was confined by the villagers. The alleged occurrence took place only due to previous enmity with PD. Sharma, who had retained one quarter at Sarubera Colony, even though he was transferred to another colliery where he was allotted one quarter.

(3.) THE time of the alleged occurrence was 9.00 p.m. on 31.5.1989 in front of the quarter of Mahesh Singh and the informant Arjun Singh. At the time of the alleged occurrence as per the Fard -beyan (Ext. 3) deceased Brajendra Nr. Singh was lying on a bench. On the gate the informant PW 9 was standing whereas his maternal brother Ranjit Singh PW 8 was sitting on a chair, towards south of the bench. Thus, at that lime when P.O. Sharma and his brother Rajdeo Sharma (appellant) along with one unknown person, who was later on identified as Binod Singh, went there, Mahesh Singh PW 1 was inside his quarter along with his family, listening the news on T.V. He is not the eye witness of the alleged assault on his brother Brajendra Nr. Singh. He came out on hearing the sound of firing and saw his brother Brajendra Nr. Singh fallen down from the bench, who had sustained bleeding injury on his head. Ranjit Singh and Arjun Singh were crying loudly who informed that three assailants after causing injury by opening fire are fleeing away. They disclosed the names of P.O. Sharma and his brother Rajdeo Sharma along with one unknown person. The nearby occupants of the quarters, namely, Mokhtar Singh PW 10, Ram Bahadur Singh PW 3, Surendra Singh, Shrawan Kumar Singh PW 14, Sachchidanand Singh PW 12 and Narendra Nath Singh reached there. They chased the assailants towards the south -west direction and after some times they caught appellant Rajdeo Sharma and brought him to his home. Injured Brajendra Nr. Singh was taken to Naisarai Hospital where he was declared dead. This witness PW 1 Mahesh Singh was Secretary of National Colliery Majdoor Sangh, Sarubera Colliery, in the year, 1980. Prior to the alleged occurrence, P.O. Sharma was posted as Over -man at Sarubera colliery and was allotted 'A' type quarter. Thereafter, he was transferred from that place to Kedla Colliery. Even then he had retained the quarter at Sarubera Colliery. He had also once misbehaved with the daughter of Nakuldeo Rana. He took steps with the management for vacating the quarter occupied by P.O. Sharma. P.O. Sharma was also scolded by him. Due to that reason P.O. Sharma out of anger had planned to cause murder of his brother. Once, P.O. Sharma was apprehended by the police in a case for possessing illegal revolver at the instance of this witness. This was another cause of annoyance of P.O. Sharma with Mahesh Singh. The apprehended appellant Rajdeo Sharma was assaulted who confessed his guilt that at first his brother P.O. Sharma fired, causing injury on the back portion of head of Brajendra Nr. Singh. Soon thereafter, he fired at Brajendra Nr. Singh causing injury on his right side neck. He also informed that while fleeing away, he handed over the revolver to Binod Singh.