GOPAL MACHHUA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction, dated 15th of July, 2006 and Order of sentence dated 18th of July, 2006, passed by the learned Additional Sessions Judge, F.T.C.-II, Jamshedpur, in Sessions Trial No. 471 of 2004, whereby, the sole appellant has been found guilty and convicted for the offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Upon hearing on the point of sentence, the sole appellant has been sentenced to undergo R.I. for life, for the offence under Section 302 of the Indian Penal Code and R.I. for 3 years for the offence under Section 27 of the Arms Act, and both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant-deceased Mangal Bhuiyan, which was recorded while he was alive on 15-8-2004 at 19.45 hours, in the Emergency Ward of M.G.M. Hospital, Jamshedpur. In his fardbeyan, he has stated that he was preparing the offerings for the Deity of Tara Mandir in front of cremation ground at Bhuiyandih, Jamshedpur. The priest of the Temple, Baba Dharmendra was also present there. At about 7.00 p.m., two persons, one of whom was the accused Gopal Machhua, came and started assaulting Dharmendra Baba, whereupon Baba Dharmendra fled away from there. Thereafter both of them started assaulting the informant Mangal Bhuiyan and when he objected, Gopal Machhua assaulted him by pistol, causing injury below his neck and near his cheek. He was brought to M.G.M. Hospital, Jamshedpur, where he gave his fardbeyan before the police. On the basis of the fardbeyan of the informant Mangal Bhuiyan, Sitaramdera P.S. Case No. 53 of 2004 corresponding to Gr. R. No. 1290 of 2004, was instituted for the offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act and investigation was taken up. After some days, the deceased died, and accordingly, Section 302 of the Indian Penal Code was added. After investigation, the police has submitted the charge-sheet in the case.