BIPIN KUMAR SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appellants were put on trial to face charges under Sections 302/34 read with Section 120B of the Indian Penal Code and also under Sections 27 and 35 of the Arms Act along with other accused persons, namely, Krishna Kumar Pandey, Shambhu Kumar Das, Bhup Narayan Singh, Kanhaiya Pandey, Shankar Kumar Das Sunil Kumar Singh and Krishnadeo Jha who were charged under Sections 302/120B of the Indian Penal Code on the allegation of committing murder of one Mahima Pandey in furtherance of common intention and also by hatching conspiracy.

(2.) Learned trial court while acquitting the aforesaid accused persons found both the appellants guilty for the charges under Sections 302/34 of the Indian Penal Code and also under Sections 27/35 of the Arms Act and both of them were sentenced to undergo rigorous imprisonment for life for the offence under Sections 302/34 of the Indian Penal Code and were further sentenced for five years for the offence under Section 27 of the Arms Act. Both the sentences were ordered to be run concurrently. However, no separate sentence was awarded for the offence under Section 35 of the Arms Act.

(3.) The case of the prosecution is that on 26.7.1993 the informant, Anil Kumar Pandey, P.W. 3, had come to the Civil Court, Jamshedpur along with his father, Mahima Pandey, (deceased) for giving evidence in a case. There the informant found both the appellants and also one Krishnadeo Jha present over there who had also come to the court for giving evidence. There some verbal altercation look place in between the appellant, Bipin Kumar Singh, and the deceased, Mahima Pandey, and then the appellant, Bipin Kumar Singh, held out threat of dire consequence. When the case was fixed for other day, the informant as well as his father and also one Dhrub Nath Pandey (P.W. 4) proceeded to their home to Sidgora on a motorcycle, which was being driven by the deceased, whereas the informant was a pillion rider and Dhrub Nath Pandey was in between the deceased and the informant. They stopped at jail Chowk at 1:00 p.m. and took cold drinks. As soon as they started for Sidgora and reached near the house of one J.N. Jha, Sub Inspector (Rail), one motorcycle of red colour being driven by an unknown person came by the side of the motorcycle of the deceased all on a sudden upon which the appellant, Bipin Kumar Singh, was in the middle and the appellant. Hare Ram Singh, was a pillion rider and suddenly, the appellant, Bipin Kumar Singh, took out a revolver and fired shot at Mahima Pandey causing injury near the right waist as a result of which, all the persons fell down but fortunately other two persons did not receive serious injuries and then they brought Mahima Pandey to T.M.H. but there he was declared dead.