JOGENDRA SIGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. This criminal appeal has been directed against the judgment of conviction and sentence dated 22.2.2007, passed by Additional Sessions Judge, F.T.C. -VI, Dhanbad in Sessions Trial No. 126 of 2000/60 of 2006 corresponding to Dhanbad Nirsa P.S. Case No. 166/1999 [G.R. No. 2659/1999] whereby the appellant has been held guilty for the offence punishable under Ss. 302, 392 and 411 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay fine of Rs. 1,000/ - under Sec. 302 of the Indian Penal Code, in default of making payment of fine, he will suffer R.I. for three months more; R.I. for five years under Sec. 392 of the Indian Penal Code. However, in the facts and circumstances, the learned Additional Sessions Judge did not pass separate sentence under Sec. 411 of the Indian Penal Code.

(2.) The prosecution case, as it appears from the fardbayan of Paresh Nath Ghati (P.W. 6) recorded on 23.8.1999 at 19:30 hrs. at the village road falling between Salgariya and Bathnadih in brief is that the deceased was returning home after attending his duty but he was intercepted by three miscreants who were trying to snatch away his motorcycle. Baijnath Ghati (deceased) made strong protest and he was not willing to release the motorcycle. In the meantime one of the accused opened fire from his pistol causing injury to Baijnath Ghati as a result he died. The miscreants fled away with the motorcycle and wristwatch of the deceased.

(3.) The appellant has assailed the impugned judgment mainly on the ground that the finding of the learned Additional Sessions Judge is based on extra judicial confession of the appellant. Admittedly there is no eye witness to the occurrence and material witnesses are relatives of the deceased who had visited the place of occurrence after receiving the news of robbery and murder.