BUDHAN GANJHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In Sessions Trial No. 52 of 1998, Budhan Ganjhu was charged under Sec. 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code, Sec. 27 of the Arms Act and Sec. 17(i)(ii) of the Criminal Law Amendment Act for committing murder of Jhamman Singh with firearm.

(2.) The judgment of conviction dtd. 26/4/2012 of the appellant under Sec. 302 read with 149 IPC, Sec. 148, 341 and 307 IPC as well as under Sec. 27 of the Arms Act and Sec. 17(i)(ii) of the CLA Act and the order of sentence dated 30 thApril 2012 passed in Sessions Trial No. 52 of 1998 have been challenged by the appellant by filing the present criminal appeal under Sec. 374(2) of the Code of Criminal Procedure (in short, Cr.P.C).

(3.) Chatra PS Case No. 104 of 1997 has been registered on the basis of the fardbeyan of Bishun Singh which was recorded on 7/9/1997 at around 10:45 AM at village Amkudar. In his statement made before the officer-in-charge of Sadar (Chatra PS), Bishun Singh has narrated incident of 6/9/1997 in which he alongwith Parmila Devi and Kawleshwar Singh Bhokta have suffered injuries and his father Jhamman Singh has died. In the said occurrence, 10 persons have died on account of firearm injuries in course of exchange of fire between two groups of people. While the investigation against other accused continued, a charge-sheet was laid against the appellant for committing the offence under Sec. 147, 148, 149, 341, 323, 324, 307, 302 IPC, Sec. 27 of the Arms Act and Sec. 17(i)(ii) of the CLA Act. The autopsy over the dead body of Jhamman Singh was conducted by Dr. Shyam Nandan Singh who has found a punctured wound on the left lateral side of his neck and oval wound on his left temporal region. In the opinion of the doctor, the aforesaid injuries were caused by firearm and the time elapsed since death was between 24 to 36 hours.