SARAT CHANDRA MAHATHA @ SURUWA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 05.10.2007 and Order of sentence dated 08.10.2007, passed by the learned Additional Sessions Judge, F.T.C.-1, Bokaro, in Sessions Trial No. 264 of 2005, whereby, the sole accused 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 appellant has been sentenced to undergo imprisonment for life and fine of Rs. 1000/- for the offence under Section 302 of the Indian Penal Code. No separate sentence was, however, passed for the offence under Section 27 of the Arms Act.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Anath Lal Mahatha, the brother of the deceased Triveni Lal Mahatha, recorded on 06.02.2005, at about 9.15 A.M., at Bokaro General Hospital, wherein he has stated that on the same day at about 06:00 A.M., he had gone to the house of his elder brother Triveni Lal Mahatha, situated at Bhojudih, for making some consultations, where he was informed that his brother had gone for a morning walk along with one Subal Bhaiya. The informant went out in search of his brother and as soon as he came near the Railway Institute near the Mini More, and reached near a tobacco shop, he saw that accused Sarat Mahatha was holding a pistol near the ear of his brother Triveni Mahatha, and his brother Sapan Mahatha was holding the brother of the informant. One Madan Mahatha was abusing Subal Bhaiya in filthy languages. Upon seeing this, the informant shouted loudly out of fear, whereupon Sarat Mahatha fired the pistol causing the injuries near the ear of his brother and his brother fell down. Sarat Mahatha asked the other accused persons to flee away, stating that the family members of Triveni had arrived, and all the three accused persons fled away. In the mean time Janardan Mahatha and Basudeo Mahatha also arrived there, and they told the informant that they had also seen the occurrence. The informant went near his brother and saw two bullet injuries near the ear of his brother, who was writhing in pains. In the meantime, the police also arrived there, and they brought his brother to Bokaro General Hospital, where he was declared dead. It is stated in the fardbeyan that there was political rivalry between the accused persons and the deceased, due to which the accused persons had committed the murder. On the basis of the fardbeyan of the informant, Chandankiary (Bhojudih O.P.) P.S. Case No. 09 of 2005, corresponding to G.R. No. 122 of 2005, was instituted for the offences under Sections 302 / 34 of the Indian Penal Code and Section 27 of the Arms Act, against the named accused persons, and investigation was taken up. Upon investigation, the police submitted the charge-sheet only against the sole accused, and the other two co-accused were not sent up for trial.