BINOD KUMAR KHATRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These Criminal Appeals have been preferred against the judgment of conviction dtd. 4/5/2018 and the order of sentence dtd. 9/5/2018 passed by the learned 4th Additional Sessions Judge, Jamshedpur in Sessions Trial No.329 of 2011, whereby the learned trial Court has convicted the appellants under Ss. 302/34 and 120-B of the Indian Penal Code and under Sec. 27/35 of the Arms Act and sentenced them to undergo imprisonment for life along with fine of Rs.20,000.00 for the offence under Ss. 302/34 and 120-B of the Indian Penal Code. In case of default in payment of fine, the appellants were directed to undergo RI for six months. They have been further sentenced to undergo RI for seven years along with fine of Rs.5,000.00 under Sec. 27/35 of the Arms Act. In case of default in payment of fine, the appellants were directed to undergo RI for three months.

(2.) Since all these three Criminal Appeals have been directed against the common impugned judgment, hence, these appeals are being decided by this common judgment.

(3.) The brief facts of the prosecution case leading to these Criminal Appeals are that the informant Harish Kumar Talwani had given the written information with the police station concerned with these allegations that his younger brother Kiran Talwani and he himself on 10/12/2010 in the night at 09:30 pm having closed the shop left for house but his younger brother Kiran Talwani went ahead by his Hero Honda Glamour Motorcycle and while he took his mother who was purchasing vegetables with him and left for the house by his Scooter. As they reached near the house, he heard the cry of the wife of Kiran Talwani stating that someone has shot her husband. He immediately went inside the house and found his younger brother Kiran Talwani in injured condition. However, with the help of the neighbours, he was rushed to TMH Hospital, Jamshedpur for treatment. It was told by the wife of Kiran Talwani that the assailants had fired thrice while the neighbour Gopal, whose shop was adjoining to his house told that the shooters were two in number and came by the bike. After having shot Kiran Talwani, the assailants fled away opening fire in the air. There was no enmity of his brother but in the year 2009, the miscreants had opened fire for ransom, of which, at that time, case was also registered with the police station concerned. On this written information, Golmuri PS Case No. 312 of 2010 was registered against unknown miscreants under Sec. 324, 326, 307/34 of the Indian Penal Code and under Sec. 27 of the Arms Act and during treatment, injured died and Sec. 302 of the Indian Penal Code was added.