PRATAP SAHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Kashyap, learned senior counsel for the appellant and Mr. Abhay Kumar Tiwari, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 30/11/2017 (sentence passed on 7/12/2017) passed by Sri Shambhu Lal Shaw, learned Additional Judicial Commissioner-VI, Ranchi, in S.T. No. 255 /2010 whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 302 IPC and Sec. 27(1) Arms Act and has been sentenced to undergo imprisonment for life along with a fine of Rs.10,000.00 for the offence under Sec. 302 IPC and in default in payment of fine, to undergo simple imprisonment for 2 years. The appellant has also been sentenced to rigorous imprisonment for 5 years along with a fine of Rs.5,000.00 for the offence under Sec. 27(1) Arms Act and in default in payment of fine, to undergo simple imprisonment for 1 year.

(3.) The prosecution case arises out of the fardbeyan of Sachit Sahi recorded on 30/9/2008 in which it has been stated that on the same day at 5:45PM, he was standing outside his house and his brother Manchit Sahi was coming home from the western side. As soon as the brother of the informant reached near his house, he was surrounded by Pratap Sahi (appellant), Ajay Singh, Avinash Singh, Mohan Singh and 4 unknown persons. Pratap Sahi asked the brother of the informant about the whereabouts of his father and on refusal, Pratap Sahi had taken out a pistol from his waist and fired at the brother of the informant and when his brother tried to flee away, he was stripped by Achal Singh as a result of which he fell down. The two persons accompanying Pratap Sahi had also fired at the brother of the informant when he fell down and Pratap Sahi had once again fired at him. The accused persons thereafter fled away. The brother of the informant was taken to Referral Hospital, Mandar where doctors declared him dead. The reason for the occurrence is the demand of share by Pratap Sahi of a piece of land which was purchased by the father of the informant. Based on the aforesaid allegations, Mandar P.S. Case No. 88/2008 was instituted under Sec. 302/34 IPC and Sec. 27 Arms Act. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 255/2010. Charge was framed against the accused under Sec. 302/34 IPC and Sec. 27 Arms Act which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.