HARIOM PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appeals arising out of same judgment, were heard together and are being disposed of by this common judgment.

(2.) BOTH the appeals are directed against the judgment of conviction and order of sentence dated 11.12.2000 and 23.12.2000 passed by the learned First Additional Sessions Judge, Jamshedpur in Sessions Trial No. 115/98, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections 302/34, IPC and 27 of the Arms Act and sentenced them to serve RI for life under Section 302/34, IPC arid appellants Ajay Barua and Hariom Prasad are further sentenced to serve RI for three years under Section 27 of the Arms Act. However sentenced were directed to run concurrently.

(3.) IMMEDIATELY the informant along with others carried the deceased to TMH Hospital for medical aid where he was declared dead. The police got information, arrived at the PO and proceeded to TMH to record the statement of the informant. Accordingly, registered Sonari P.S. Case No. 66/97 under Sections 302/34/120 -B, IPC against 8 persons including the appellants. The police investigated the case and finally submitted charge -sheet against 8 persons, who were committed to the Court of Sessions for trial. The learned trial Court framed charges against seven persons including the appellants under Sections 302/34/120 -B, IPC. The appellants were further charged under Section 27 of the Arms Act separately. All the accused person pleaded not guilty and claimed false prosecution. The learned trial Court, after examining the witnesses, found and held only three persons guilty under Sections 302/34, IPC and appellants Ajay Barua and Hariom Prasad were also found guilty under Section 27 of the Arms Act. All other accused persons were acquitted of the charges. Accused Dudhai Yadav died during pendency of the appeal. Both the appellants were sentenced as aforesaid.