NARMADESHWAR PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These appeals and revisions arise out of the judgment dated 20-11-2003 passed by Shri Binay Kumar Sahay, Additional Sessions Judge, XIII, Dhanbad in Sessions Trial No. 126 of 2001.

(2.) Appelants-Sheo Shankar Singh and Umesh Singh in Cr. Appeal No. 43 of 2004 have been convicted of the charge under Section 302/34 IPC and have been sentenced to undergo rigorous imprisonment for life. Umesh Singh has further been convicted of the charge under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years. These sentences are to run concurrently. Narmadeshwar Prasad Singh, Bijay Singh in Cr. Appeal No. 43 of 2004 and Md. Nuren Master alias Md. Nuren appellant in Cr. Appeal No. 78 of 2004 have been convicted of the charge under Section 302/ 120-B IPC, and have been sentenced to undergo rigorous imprisonment for life. Uma Shankar Singh, Premjeet Singh and Md. Zahid have been acquitted, against which Cr. Revision No. 135 of 2004 has been filed. Cr. Revision No. 136 of 2004 has been filed for enhancement of sentence of Umesh Singh and Sheo Shankar Singh. As all the cases arise out of the common judgment, they were heard together and are being disposed of by this common judgment. Sheo Shankar Singh, Bijay Singh, Uma Shankar Singh are sons, Premjeet Singh is the nephew, and Md. Nuren Master alias Md. Nuren is the man of Narmadeshwar Prasad Singh.

(3.) The prosecution case in short is that on 14-4-2000 after attending a meeting at Dhanbad, informant-Apurba Ghosh (P.W.-16) and Sri Gurudas Chatterjee sitting M.L.A. from Nirsa (the deceased) were coming back on motorcycle driven by the informant. When they reached near Premium Hard Coke at the National Highway-Grand Trunk (G.T.) Road at about 2.45 P.M. suddenly informant heard a sound of firing from behind. He looked back and found that towards left two persons were coming on a black motorcycle, driven by accused Sheo Shankar Singh. One unknown person (later on identified as Umesh Singh) was sitting behind him having a pistol in his hand. Umesh Singh fired a second time by which the deceased sustained injury and leaned on the back of the informant. The balance of motorcycle was disturbed and it fell down. The motorcycle of accused persons stopped a little ahead. Umesh Singh came near the deceased, pointed the pistol and ordered the informant to flee; failing which he will be killed. The informant ran. Umesh Singh fired a third time at the deceased, pushed him with his leg and then sat on the motorcycle which was kept in start position by Sheo Shankar Singh and both fled away towards Nirsa. When some people ran towards them, Umesh Singh on the point of pistol threatened them to kill. The motorcycle of the accused had no number. So many persons assembled there including Kudus Ansari (P.W.-1) and Lai Mohan Mahto (P.W. -2), who disclosed that they saw Sheo Shankar Singh and one unknown person moving around on a black motorcycle without number, sometime before the occurrence. Regarding motive, it is alleged that 2-3 years ago, accused Narmadeshwar Prasad Singh was running a petrol pump illegally in the name of a tribal (P.W. 15 - Amlal Kisku). The deceased took up this matter and ultimately got the ownership of the pump restored to P.W. -15, as a result of which Narmadeshwar Prasad Singh sustained a loss of Rs. 25-30 lacs. Moreover, 5-6 days back prior to the occurrence, Narmadeshwar Prasad Singh and Md. Nuren Master @ Md. Nuren were arrested on the basis of press release made by the deceased against them 25-30 days back. It was further alleged that one Sushanto Sen Gupta who lost election by thin margin had also threatened the deceased.