KAPIL MISHTRY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant herein is aggrieved by the judgment of conviction dated 07.11.2003 and order of sentence dated 12.11.2003 passed by the learned Sessions Judge, Palamau, Daltonganj in Sessions Trial No. 428/2001 for the offences under section 302 read with section 149 of the Indian Penal Code whereby he has been sentenced to undergo imprisonment for life. He has been further convicted for the offences under sections 148 of Indian Penal Code and section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years each. All the sentences to run concurrently.

(2.) APPELLANT herein along with four other co -accused persons were charged for the offences under section 147, 148, 302/149 and 323 of the Indian Penal Code besides 27 of the Arms Act for committing rioting with deadly weapons and murder of one Nandu Ram in prosecution of their common object and also for voluntarily causing hurt to Jawahar Ram. They were also charged for unlawful use of firearms during the same transaction of offences.

(3.) BASED upon the aforesaid allegations, FIR was registered on 10.04.2000 at Chattarpur P.S. bearing No. 34/2000 at 6.30 AM under the aforesaid sections. After the investigation was complete, and the case was committed to the Court of Sessions, accused persons pleaded not guilty to the charges and were sent up for trial. However, rest of the accused persons who faced trial along with this appellant, were acquitted of all the charges as the learned Trial Court found no evidence against them in support of the charges.