AKHILESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have already heard the arguments advanced by Mr. Jitendra S. Singh, learned counsel for the appellant as well as Mr. V.K. Vashistha, learned Spl. P.P. appearing for the State.

(2.) This instant criminal appeal is directed against the judgment of conviction dtd. 28/4/2006 and order of sentence dtd. 1/5/2006 passed by learned Additional Sessions Judge (FTC-III) at Jamshedpur in Sessions Trial No.346 of 2004, 424 of 2004 and 127 of 2005 arising out of Sidgora P.S. Case No.68 of 2002, whereby and whereunder, the sole appellant along with co-accused Santosh Kumar Gupta @ Santosh Gupta has been held guilty for the offences under Ss. 353/307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act and sentenced to undergo R.I. for seven years with fine of Rs.10,000.00 each and in default of payment of fine further directed to undergo R.I. for six months for the offence punishable under Sec. 307/34 of the I.P.C. and R.I. for one year for the offence punishable under Sec. 353/34 of the I.P.C. and further R.I. for three years for the offence punishable under Sec. 27 of the Arms Act.

(3.) The factual matrix giving rise to this appeal is that on 20/6/2002 at about 08:45 a.m., the informant Arvind Kumar Singh (P.W.7), the then Officer-In-Charge of Dumaria Police Station received confidential information that the present appellant who was absconding in a case of Kabra kidnapping and murder of a Jailor of Sakchi Jail, assembled on Road No.20 with his associates. The informant along with other police personnel went towards the said place for apprehending the appellant and his associates. In the meantime, instead of managing retreat after arrival of police personnel, the appellant fired twice aiming the police personnel who were sitting inside the Maruti Car. It is further alleged that the informant was on driving seat of the car and the gun shot hit on the front glass (wind screen) causing gunshot injuries to him below right eye. It is further alleged that two holes were caused in the frontal wind screen of the Maruti Car due to said gunshot. Other associates of the appellant had also opened two round fire aiming the informant and his companion police officers. It is further alleged that the informant and S.I. Om Prakash in their defence had also opened fire from their service pistol then Akhilesh Singh, Santosh Gupta and other unknown miscreants started fleeing towards west and were chased by the informant and S.I. Om Prakash but the accused persons succeeded in fleeing away opening four rounds of fire with the revolver towards the police personnel. It is further alleged that in the course of their fleeing, miscreants have robbed a Kawasaki Bajaj motorcycle on the point of pistol of a passerby near Bara Flat and fled away. Thereafter, the informant and S.I. Om Prakash (P.W.11) returned near Maruti Car and found a Yamaha motorcycle No. BR 16C 2547 lying at the place of occurrence left by the miscreants. The informant informed the above occurrence through telephonic message to police control room and S.I. Arvind Kumar was brought to T.M.H. for treatment. Accordingly, Sidgora P.S. Case No.68 of 2002 dtd. 20/6/2002 was registered for the offences under Ss. 307/326/353/34 of the I.P.C. and 27 of the Arms Act. The charge of investigation was undertaken by S.I. Vivekanand Oraon, the then OfficerIn-Incharge of Sidgora Police Station.