ANIRUDH KUMAR NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Acquittal Appeal (DB) No. 29 of 2020 has been filed by Anirudh Kumar Nayak who is the informant of Namkum PS Case No.198 of 2013. He has challenged the judgment of acquittal of Bijay Nayak, Dharma Nayak, Ajay Nayak, Sikandar Nayak, and Ram @ Vijay Nayak recorded in Sessions Trial Case Nos.49 of 2014 and 102 of 2014.

(2.) Binod Nayak, Gurucharan Nayak, and Lalu @ Sanjay Nayak who were also put on trial along with the above-named accused have challenged their conviction under Sec. 302/34 of the Indian Penal Code and Sec. 27(1) of the Arms Act and the sentence of life imprisonment with a fine of Rs.10,000.00 each awarded to them for the offence under Sec. 302/34 of the Indian Penal Code and RI for 4 years and a fine of Rs.5,000.00 each under Sec. 27(1) of the Arms Act, in the aforesaid sessions trial cases.

(3.) A written report dtd. 1/8/2013 was given to the officer- in-charge of Namkum PS and on that basis a First Information Report was lodged against 13 persons. Anirudh Kumar Nayak made a specific allegation in his written report that in the afternoon of 1/8/2013 Binod Nayak made phone calls to his brother Ajit Nayak asking him to meet Pramod Singh in connection to a land dispute. His brother left village Tumbaguttu to meet Binod Nayak and both were seen together sitting at Nikhil Tent House at Sirkhatoli within Namkum PS. The informant further stated that his younger brother Amit Kumar Nayak while returning home from the college was passing through Nikhil Tent House and on that day Ajit Nayak was seen sitting at Nikhil Tent House with Binod Nayak, Bijay Nayak, Shiva Nayak, Ravi Nayak, Sikandar Nayak, Ajay @ Gabbar Singh Nayak, Sheru Nayak, Lalu Nayak, and Ram Nayak. The informant was informed by the witnesses that his brother was seen gossiping with the accused near the Block health center where he was shot dead around 04.15 PM. On receiving telephonic information, he left for the Block health center and on the way saw Lalu Nayak near the Military Camp going towards Kochatoli on a speeding motorcycle. The informant expressed his apprehension that Binod Nayak who was repeatedly calling his brother for measurement of 1.78 acres of land in respect of which a dispute was going on with Pramod Singh killed his brother under a conspiracy hatched with Lalu Nayak, Ram Nayak, and Gurucharan Nayak.