BABLOO ROUT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is directed against the judgment of conviction and order of sentence dtd. 8/8/1995 / 11/8/1995 passed by learned Sessions Judge, Deoghar in Sessions Case No. 60 of 1995, whereby and whereunder, the appellant has been held guilty for the offence under Sec. 302 of the I.P.C. and Sec. 27 of the Arms Act and sentenced to undergo R.I. for life for the offence under Sec. 302 of the I.P.C. and R.I. for three years for the offence under Sec. 27 of the Arms Act. Both the sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal in a narrow compass is that the informant's daughter Anita Devi (since deceased) was married with one Sanjal Prasad in February, 1993. It is alleged that Anita Devi returned from her sasural to her parental house on 26/2/1993. It is further stated that prior to marriage of Anita Devi with Sanjal Prasad, the appellant Babloo Rout was desiring to marry with her, which could not be solemnized, hence, he was having animous against the Anita Devi. It is further alleged that on 6/4/1993 at about 8:30 PM, the informant Laxmi Devi (P.W.-1) along with daughter Anita Devi (deceased) and another daughter Kalpana Kumari (P.W.-8) after taking dinner were talking with each other, meanwhile, electricity supply went off and lamp was lighting in the room. Suddenly, the appellant rushed in the room with a pistol in his hand and shot on Anita Devi at a close distance, exalting that he has come to take bidagiri of the deceased. The deceased sustained firearm injury, causing fracture of the scalp and also sustained injury over forehead and near the eyes. The informant (P.W.-1) and Kalpana Kumar (P.W.-8) tried to catch hold of the appellant, but he managed to flee away dropping his pistol in the room of the informant. It is also alleged that the informant, her daughter and other family members raised hulla and chased the appellant and also saw his associate Dinesh Gupta, who was standing outside the house and both were fleeing away towards Pedagalli. The deceased was brought to Hospital, but was declared dead by the Doctor.