JAY PRAKASH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant is before this Court against the judgment of conviction under Sec. 302 of the IPC and under Sec. 27 of the Arms Act.

(2.) As per the prosecution case, the appellant- Jai Prakash Yadav was serving as a Constable in Indian Reserve Battalion and was on sentry duty on 18/5/2014 to 19/5/2014 at Piparwar Armory (IRB- 3 Camp), along with the informant- Umesh Kumar (Hawaldar) and three other Constables. He was allotted INSAS Rifle bearing butt no.351 with 100 round cartridge and 05 magazines. At around 7.30 p.m., informant heard the sound of firing on which he came out and found that appellant was missing from the picket and saw him coming out from the room of Sunil Soren, S.I. (Deceased). On being enquired, he disclosed to the informant that he had gunned down Sunil Soren as he was not giving him leave. When the informant entered into the room, he saw deceased lying dead in a pool of blood and 11 empty cartridges were scattered on the ground. Although, INSAS rifle bearing butt no.329 was issued to the appellant, but he was on duty bearing INSAS rifle no.351.

(3.) On the basis of the fardbeyan, Piparwar P.S. Case No.33/14 was registered under Sec. 302 of the IPC and Sec. 27 of the Arms Act. After investigation, charge sheet was submitted and the appellant was put on trial for offence under Sec. 302 of the IPC and Sec. 27 of the Arms Act.