SUSHIL SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 24-5-2006 and 25-5-2006 respectively, passed by the Additional .Sessions Judge, FTC No. IX, Jamshedpur in Sessions Trial No. 90 of 2005 corresponding to G.R. No. 926/2004 arising out of Potka PS. Case No. 38/2004 whereby the appellant has been held guilty for the offence 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. No separate sentence has been awarded under Sec. 27 of the Arms Act.

(3.) The facts emerging from the fardbayan of Kamal Lochan (P.W.4) recorded on 9-6-2004 at 21:00 hrs. at P.H.C. Potka within the district of Singhbhum East is that the informant along with his companion labourers was returning home on their respective bicycles. When they reached near Dabangi Bridge, one of the cyclists caused dash to another bicycle driven by person coming from Kalikapur side i.e. from opposite direction and due to dash caused some altercation took place between them. After a while the cyclist who had caused dash proceeded ahead but the person on whose bicycle dash was caused, remained there and he was abusing. The informant and his companion told since the person who caused dash had already gone away, the matter has come to an end but he became furious and started abusing informant and his companion. To avoid further litigation, the informant with his co-labourers proceeded towards their destination but they were being followed by that unknown person. The informant and Krishna Dhal (deceased) stopped their bicycle near the shop of Sheetal Mandal situated nearest to their village. By that time that unknown person also reached to the place and again started abusing them. When the informant raised objection he took out a pistol from his pocket and pointing towards the informant said - "you do not know me, I am bodyguard of supervisor Nandu and my name is Sushil". Thereafter Krishna Dhal told him "why you are abusing us in our village -. No sooner it was uttered, said person who had disclosed his identity as that of Sushil opened fire causing injury to Krishna Dhal on his chest and fled away. Krishna Dhal was removed to Potka Hospital and thereafter he was shifted to M.G.M. Hospital and again referred to Tata Main Hospital, Jamshedpur. On the basis of fardbayan of Kamal Lochan (P.W.4) recorded at Potka PHC, Jamshedpur, Potka P.S. Case No. 38/2004, dated 9-6-2004 under Sec. 307 of the Indian Penal Code and Sec. 27 of the Arms Act against the appellant Sushil Sardar was registered. In course of treatment Krishna Dhal succumbed to his injuries and thereafter Sec. 302 of the Indian Penal Code vide order dated 11-6-2004 was added.