KALI CHARAN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arwind Kumar, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Spl. P.P. for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 20/4/2010 passed by Sri Rama Shankar Shukla, learned Addl. Sessions Judge, Fast Track Court VI, Dhanbad in S.T. Case No. 343/2008, whereby and whereunder the appellant has been convicted for the offences punishable u/s 302 of the IPC and Sec. 27 of the Arms Act and has been sentenced to undergo imprisonment for life along with a fine of Rs.5,000.00 for the offence punishable u/s 302 of the IPC and in default in payment of fine to undergo R.I. for 01 year and R.I. for 03 years for the offence punishable u/s 27 of the Arms Act. Both the sentences were directed to run concurrently.

(3.) The fardbeyan of Amit Kumar @ Banti was recorded on 4/3/2008 at 11:00 P.M. wherein it has been stated that he was watching T.V. at his house at about 10:00 P.M. when his friend Prem Kumar Singh called him on his mobile and informed him that there has been some firing at Vinod Nagar Crossing. He immediately rushed to the said spot and in front of the house of B.B. Das, Advocate he found Rupesh Kumar Sinha squirming in the driver seat of an Indica car. The friend of the informant Bittu @ Vinay Kumar Singh took the injured to the hospital and on the way Rupesh Kumar Sinha had disclosed that three persons riding on a motorcycle had fired at him and he could recognize one of the persons as Kalia Mahato. The injured Rupesh Kumar Sinha was taken to Jalan Hospital for treatment.