YOGENDRA SHARMA AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) WE have three analogous appeals preferred against one and the same impugned judgment of conviction and order of sentence, dated 24.01.2006 and 27.01.2006 respectively, passed by Special Judge, C.B.I Ranchi in Sessions Trial No. 158 of 1998 and S.T No. 107 of 2003 arising out of one and same R.C. Case 17 (S)/1994(R). They have been taken together for the convenience of the Court. Accused -appellants namely Lalit Chandra Biswas @ Rajiv Sen @ Raju, Amarendra Kumar Singh, Yogendra Sharma @ Munna Sharma and Kunal Jena @ Kunna (hereinafter to be referred to as 'accused') stand convicted under section 302 read with 120B of IPC and 27 Arms Act. They have been sentenced to undergo rigorous imprisonment for life with fine of Rs. 5,000/ -each, in default to pay fine, simple imprisonment for 3 months for the offence under section 302 read with 120B of IPC, to undergo rigorous imprisonment for three years, with a fine of Rs. 1,000/ -each, for the offence made out under Section 27 Arms Act, in default thereof, to undergo simple imprisonment for 15 days with the rider that both the substantive sentences shall run concurrently.

(2.) THE case of the prosecution sans unnecessary details, as one elicits from the fardbeyan (initial statement) of PW -15 Prabhu Charan, the driver of the Ambassador car of Sri V.G. Gopal President, Tata Workers' Union (since deceased), recorded by Bistupur Police in TMH, Jamshedpur is that on 14 -10 -1993, at about 9.30 A.M., the informant alongwith V.G. Gopal and security guard Madan Prasad arrived at the Union Office by the said Ambassador car. At about 12.05 P.M., the security guard Madan Prasad (also deceased) intimated to the informant that Gopal Babu was alighting down the stairs. Hearing this the informant hurriedly moved towards the car and saw that V.G Gopal was accompanied by a press reporter and another companion of his. They were descending from the stairs. As soon as V.G Gopal reached near the Ambassador car, the security guard Madan Prasad opened the rear door of the car and as V.G Gopal stepped into the car, the informant heard a gunshot. Thereafter, the informant noticed Madan Prasad, the body guard scampering towards the office for cover. He seemed to be giving some interdicting signal by shaking his hand. Thereafter, other persons of the office were also seen scuttling here and there for cover against the firing. Soon thereafter, one of the assailants bearing a good, stodgy physique came near V.G. Gopal and fired a shot at his head. Consequentially, V.G. Gopal fell down on the rear seat of the car. Thereafter, the same miscreant again fired 4 -5 shots at V.G. Gopal. This assailant was accompanied by another miscreant, aged about 27/28 years, who was also brandishing a pistol in his hand. As per the informant, he had noticed two other persons standing outside the main gate, one of them was heard exhorting these two miscreants to hurry and he shouted "Jaldi Chalo Bahar Aaoo". Thereafter, both the miscreants went out of the main gate, where one person was sitting on a blue L.M.L scooter, while another person was sitting on one Bajaj Super Scooter. Both the accused persons sat on scooters and escaped in the western direction. Thereafter, Chhedi Singh and the press -reporter alongwith the informant, removed V.G. Gopal to Tata Medical College Hospital in same Ambassador car. Security Guard, namely Madan Prasad, was also ferried to the same hospital in a jeep. On medical examination, the doctors pronounced that both the injured persons had succumbed to the injuries. According to the informant (as has been stated by him in his fardbeyan), the genesis of the occurrence and the impelling motive behind the murder of V.G Gopal can be traced to the factionalism going on within the Union. V.G. Gopal wanted to convene Union election in the month of November, but a committee member namely Sri B.N. Singh, along with his supporters was opposing to that as he feared losing his seat. The informant further stated that the previous President of the Tata Workers' Union, Sri S.N. Singh, was running a parallel Union and he too in order to establish his supremacy, was opposing the steps taken by V.G. Gopal. Said B.N Singh and S.N. Singh, were also in touch with Malkhan Singh, a Mafia leader. The triumvirate wanted to establish their supremacy over the Union, which was then being run by the deceased V.G. Gopal. At foot of the fardbeyan, the informant has also disclosed the names of the eye witnesses to occurrence. He has named Chhedi Singh, the Press Reporter, other employees of the Union, Tea vendor and Mahavir Singh as the eye witnesses to the occurrence.

(3.) SINCE the present case has been investigated by three different Investigating Agencies, it would be apt if the outcome of these three Investigating Agencies is depicted in brief. As per the fardbeyan of PW Prabhu Charan, he had suspected three persons namely B.N. Singh, S.N. Singh and one Malkhan Singh, a mafia leader behind this incident as they wanted to establish their supremacy over the Tata Union which was being run by deceased V.G. Gopal. He, at the same time, had disclosed the names of certain eye witnesses to the occurrence also. When the matter was taken up by Special Investigation Team which was constituted for the purposes of investigating this particular case, being of that nature, SIT filed its chargesheet No. 1 dated 05.01.1994 wherein five accused were chargesheeted under Section 302/120B IPC out of which three were shown in custody namely Kartik Ghosh, Surya Kant Patel and Ranjan Ahuja and two who were shown on bail were Gauri Shankar and Ratan Ghosh. Other seven persons who were suspected in the said chargesheet were Arvind Singh @ Malkhan Singh, S.N. Singh, Arun Kumar Singh, Arjun Singh, Ashok Kumar, Balram and Praveen. The investigation was shown as continuing in the first chargesheet. Cognizance of the offence on the basis of the said chargesheet was taken by the court concerned on 07.01.1994.