RAJESH KACHHAP Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Appellant is aggrieved by the judgment of conviction and order of sentence dated 19.12006 and 20.12006 respectively passed by the learned 18th Additional Judicial commissioner, Ranchi in Sessions Trial Case No. 594 of 2003 whereby the appellant was found guilty and convicted for the offence punishable under section 302/34 of the Indian Penal Code along with Section 25(I-a) and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- under section 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for three years under section 27 of the Arms Act. No punishment was awarded u/s 25 (I-a) of the Arms Act. The sentence awarded to the appellant was ordered to run concurrently.

(3.) The prosecution case as per fardbeyan of informant Prem Lata Minz, PW-1 wife of Late Niranjan Minz R/o Nayatoli, P.S. Lower Bazar, District Ranchi recorded on 25.6.2003 at 20 hours at RIMS Emergency Ward, Ranchi, in brief is that on the alleged date at about 5:30 p.m. the informant was sitting with her husband and her two daughters Priti Lata Minz and Sanyogita Minz in her guest room. Then they heard the sound of motor cycle stopping in front of her house and saw accused Rajesh Kachhap and one unknown boy aged about 25-30 years on the motorcycle. Then accused Rajesh Kachhap came before her husband and inquired about the Buli (Aruna Toppo) upon which her husband said go and see her at upper floor and also inquired from the accused Rajesh Kachhap as to why he was searching Aruna, it is wrong. Then accused Rajesh went to the upper floor where Aruna used to reside and after ten minutes he came down with Aruna who left Rajesh Kachhap upto the gate and returned back. Thereafter Rajesh Kachhap said something to one unknown boy and both entered into her guest room. Accused Rajesh Kachhap armed with pistol opened fire upon the right parietal region of her husband as a result her husband fell down and blood oozed out. After the incidence both accused fled away but threw the pistol in the guest room itself. Thereafter, her husband was taken to RIMS, Ranchi where he was declared dead. Lower Bazar Police had seized the fire arms from the guest room of the informant.