RAM NATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 05.11.2004 passed by the Additional Sessions Judge-I-cum- Fast Track Court, Giridih in S.T. Case No. 183 of 1998, wherein and whereunder the Court, having found the appellant guilty for committing murder of deceased-Surendra Singh in furtherance of the common object with other accused, convicted for the offence punishable under Section 302/149 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) The case of the prosecution, as it appears from the fardbeyan of the informant Naresh Singh - P.W. 10, is that on 23.11.1996, which was a day of Hatiya, the informant-Naresh Singh came to Hatiya along with his brother Surendra Singh-deceased as they were having grocery shop at the Hatiya. At about 4.00 p.m all on a sudden several persons came after forming unlawful assembly and caught hold of his brotherSurendra Singh and started assaulting him. Meanwhile, the informant gave a lathi blow on the head of one of the miscreants. The miscreants also gave a lathi blow over the head of the informant. Thereupon the miscreants fired shot and also exploded bomb. Meanwhile, some miscreants blew whistle, upon which, 25-30 miscreants, who were in police uniform, came and took his brother to Kali Manda where his neck was severed off from his body.

(3.) Thereupon, Officer in-charge of Pirtand Police Station, on getting information when came to village, he recorded the fardbeyan of the informant-Naresh Singh, where he narrated the same story as has been stated above. The informant also disclosed about the motive stating therein that the miscreants had taken possession of the land forcibly and therefore, they were being asked to leave the possession.