SUDHIR MUKHI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 205.2006 and Order of sentence dated 24.05.2006, passed by the learned 5th Additional Sessions Judge, East Singhbhum, Jamshedpur, in Sessions Trial No. 250 of 1994, whereby, the 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 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 seven years for the offence under Section 27 of the Arms Act, and both the sentences were directed to run concurrently.

(3.) The prosecution case is based on the fardbeyan of the deceased Ashok Vishwakarma himself, while he was alive and undergoing treatment at Tata Main Hospital, Jamshedpur. His fardbeyan was recorded on 05.09.1993 at about 06:30 P.M., at Bed No.3 of Post-Operative Ward in the hospital, wherein he has stated that on the previous Thursday at about 09:30 A.M., he was in his quarter when the appellant Sudhir Mukhi called him from the gate of the quarter. The informant came out from his quarter and both of them went towards the back of the quarter, where it is alleged that the accused assaulted the deceased by fire arm. Upon being injured, the informant ran towards his quarter raising the alarm and he fell down at the verandah of his quarter. Upon the alarm raised by the informant, several persons assembled there, including his family members, and he informed them that the accused Sudhir Mukhi had assaulted him by fire arm and had fled away. Thereafter, he became unconscious and when he gained consciousness, he found himself on the bed of the hospital, when he gave the fardbeyan. On the basis of the fardbeyan, Kadma P.S. Case No. 74 of 1993, corresponding to G.R. No. 1742 of 1993, was instituted for the offences under Sections 307 and 324 of the Indian Penal Code, and Section 27 of the Arms Act, against the sole accused Sudhir Mukhi, and investigation was taken up. It may be stated that while undergoing the treatment in the hospital, the informant died on 10. 09.1993, and Section 302 of the Indian Penal Code was also added. After investigation, the police submitted the charge-sheet in the case.