NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The accused-appellants have preferred this Criminal Appeal challenging the judgment and order of conviction and sentence both dated 29.01.2013, passed by Principal Sessions Judge, Simdega in Sessions Trial No. 72 of 2008, whereby the appellants have been convicted for the offence under Section 302/34 of Indian Penal Code and both have been sentenced to undergo rigorous imprisonment for life for committing murder of the deceased, namely, Surendra Singh.

(2.) Briefly stated, the case of the prosecution is that, on 01.02.2008 at about 7.30 P.M., when the informant and his brother Surendra Singh along with other family members were taking meal, someone called Surendra Singh from outside whereupon Surendra Singh came out of the house and immediately thereafter the informant heard the sound of firing in the verandah. The informant and other family members came out of the house and found Surendra Singh in the injured condition. He had bleeding injuries on his arm and right side of the stomach and he disclosed to his brother that Narayan Singh had called him for compromising the land dispute with Govind Singh and Krishna Singh and when he refused to compromise, Upendra Singh shot from his pistol. It has further been stated that the injured could not be taken to the hospital in the night as conveyance was not available. Next day in the morning the injured was taken to the Kolebira hospital where he succumbed to his injuries. It is alleged that due to the land dispute between the deceased and Govind Singh, the accused persons namely, Upendra Singh, Randur Singh @ Anil Singh and Narayan Singh committed murder of Surendra Singh. The statement of the informant namely, Bhuduwa Singh was recorded in the hospital at about 9.50 A.M. by the officer-in-charge of Kolebira Police Station and on the basis of fardbeyan of the informant, Kolebira P.S. Case No. 06/2008 dated 02.02.2008 under Section 302/34 of Indian Penal Code was registered against Narayan Singh, Randur Singh @ Anil Singh and Upendra Singh.

(3.) On conclusion of the investigation, charge-sheet was filed against Narayan Singh and Randur Singh @ Anil Singh under Section 302/34 Indian Penal Code and under Section 27 of the Arms Act. Charge under Section 302 /34 Indian Penal Code was framed against the appellants on 15.09.2008. The appellants pleaded not guilty and claimed to be tried.