B N SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellants call in question the legality of the judgment of conviction dated 19.12.2006 and order of sentence dated 04.01.2007 passed by the 1st Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 209 of 2004, whereby and whereunder the three appellants have been convicted under Section 302 read with Section 120 -B of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life.Though the appellants have also been convicted under Section 148 of Indian Penal Code but no separate sentence has been awarded for the said offence.

(2.) THE background facts, as projected by prosecution, in a nutshell, are as follows: - At the instance of the injured -informant Bihari Singh, his Fardbeyan (Ext.2) was recorded by Sub -Inspector R.S. Tiwari, Officer -in -charge of Town P.S., District - Palamau on 24.10.2000 at 5:20 P.M. at Sadar Hospital, with the allegation that on 24.10.2001 at about 4.00 P.M., while he was sitting on a chair outside his shop situated in Private Bus Stand and his companion Ajay Singh was standing there, suddenly, Nagendra Choubey, Mukesh Choubey, Pradeep Vishwakarma, Shrawan Vishwakarma, Suraj Singh, nephew of Madhu Singh and B.N. Singh came ona Marshal Jeep and one Maruti Van and both the vehicles stopped thereand all the accused persons came out of the vehicles. The informant saw that they were armed with Bomb and pistol and they began to fire on the informant and Ajay Singh and also hurled bombs on them with an intention to kill both. As a result of firing and hurling of bombs, both received injury and fell down on the ground. Hearing the firing sound and sound of bombs, several persons began to collect there and seeing them, the assailants fled away from there on their vehicles. The persons assembled there took them to Sadar Hospital but during treatment, Ajay Singh succumbed to his injuries. The reason, as disclosed in the fardbeayn, appears to be the past enmity due to murder of one Jagdeo Sharma in which this informant and Ajay Singh have been made accused.

(3.) AT the bottom of the fardbeyan, it is recorded that the informant after going through the contents of his fardbeyan, which was read over to him, put his L.T.I. because he was seriously injured and was not in a position to put his signature. On the basis of the aforesaid fardbeyan, Sadar (Town) P.S. Case no. 381 of 2000 was instituted under Sections 147, 148, 149, 307 and 302 I.P.C. and also under Section 27 of Arms Act and 3, 4 and 5 of Explosive Substance Act. It would be pertinent to mention here that the injured -informant Bihari Singh after his fardbeyan recorded at Sadar Hospital was shifted to Ranchi for his better treatment but he died during the treatment and in the said circumstance, the trial court treated the said fardbeyan as dying declaration of the deceased Bihari Singh.