TIKLA SINGH @ BIRJU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R. S. M azumdar, learned senior counsel for the appellant and Mrs. Lily Sahay, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 19/7/2018 (sentence passed on 24/7/2018) passed by Sri Ravi Ranjan, learned Additional Sessions Judge IV, Dhanbad in S. T. No. 403 of 2015 whereby and whereunder the appellant has been convicted for the offence under Sec. 302 of I.P.C. and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 and in default in payment of fine to undergo simple imprisonment for six months.

(3.) The prosecution case arises out of the fard beyan of Abdul Qudus recorded on 4/3/2015 in which it has been stated that on 04. 03.2015 itself a Holi Milan function was organized in the evening in the campus of R.P.F. Barrack and there was a crowd consisting of the persons of the locality. In the function, singing and dancing was going on and the people were also enjoying the refreshments spread out and the informant as well as his elder brother Md. Maqsood had participated in the function. At about 10:15 P.M., he and his elder brother left for his house on foot and at around 10:30 P.M. as soon as the brother of the informant reached Shukla More near R.P.F. Sheo Mandir, 2-3 persons came and all of a sudden caught hold of his brother and Tikla Singh (appellant) took out a countrymade pistol and shot at the head of the brother of the informant from point blank range. The brother of the informant fell down on road and Tikla Singh and his associates started fleeing away. The Officer Incharge of Hariharpur Police Station and other police personnel started chasing the accused and though a bomb was exploded as a deterrence, but the police personnel had caught Tikla Singh red handed with a countrymade pistol. It has been alleged that the associates of Tikla Singh in order to get him freed from the clutches of the police had fired at the police personnel, but luckily no harm could be caused to them. The accomplices of Tikla Singh managed to escape. When the informant went to the place where his brother was lying, he found him dead.