MATA SINKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr. Appeal has been directed against the judgment of conviction and order of sentence dated 15.10.2004 19.10.2004 respectively passed by the Sessions Judge, West Singhbhum at Chaibasa in connection with S.T.No.181/2003, corresponding to G.R.No.89/2003, arising out of Tonto P.S. Case No. 09/2003 whereby the appellant has been held guilty for the offences punishable under Sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act and sentenced to undergo R.I. for life under Sec. 302 of the Indian Penal Code and R.I. for three years under Sec. 27 of the Arms Act. Both the sentences so passed were directed to run concurrently.

(2.) The prosecution case as it appears from the fardbayan of Muchiya Sinku recorded on 06.03.2003 at 6:30 hours at village Mriglandi within P.S. Tonto in brief is that on 04.03.2003 at about 10 p.m. while Shuru Kui (wife of the informant) was returning home, she was shot at by appellant Mata Sinku. The informant reached to the place after hearing alarm raised by his wife Shuru Kui. He had seen Shuru Kui having firearm injury on her abdomen. Shuru Kui told that she has been shot at by Mata Sinku, who was accompanied by Shobhan Sinku. Thereafter Shuru Kui in injured condition was brought home but on the following after noon she died. On the basis of fardbayan of Muchiya Sinku, West Singhbhum (Sadar) Tonto P.S. Case No.09/2003 dated 06.03.2003, under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act was registered against named accused Mata Sinku (appellant) and Shobhan Sinku. The police after due investigation, submitted charge-sheet against both the accused and accordingly cognisance was taken and after framing of charge they were put on trial.

(3.) To substantiate the charges the prosecution has examined altogether six witnesses. The learned Sessions Judge placing reliance on the evidence and documents available on record held the appellant-Mata Sinku guilty for the offence punishable under Sec. 302 of the Indian Penal Code and 27 of the Arms Act whereas co-accused Shobhan Sinku stood acquitted from the charges framed against him.