SATYENDRA KEWAT Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal is directed against the Judgment of conviction and Order of sentence dated 31.01.2003, passed by the learned Additional District & Sessions Judge-VIII, Dhanbad, in S.T. No.64 of 2002, holding the appellant guilty for the offence under Sections 307 and 324 of the Indian Penal Code and Section 27 of the Arms Act. The appellant has been sentenced to undergo R.I. for seven years with fine of Rs.3,000/- under Section 307 I.P.C. and R.I. for three years with fine of Rs.2,000/- under Section 27 of the Arms Act and in default of payment of fine, S.I. for six months in both the Sections. Both the sentences shall run concurrently. No separate conviction has been inflicted under Section 324 I.P.C. as the conviction in the major Section 307 I.P.C. has already been made.

(3.) The prosecution case is short is that fardbeyan of Ganesh Singh was recorded by S.I. Om Prakash, Officer-in-Charge, Loyabad Police Station on 11.08.2001 at 9.40 a.m. at Akra Check Post that he was working as contractor in BCCL Company. On 11.08.2001, at around 9.40 a.m. at Akra Check Post has given his statement that on 06/07.07.1994 a dacoity was committed in his house for which Jogta (Loyabad) P.S. Case No. 117/94 under Section 395 I.P.C. was lodged in which Satyendra Kewat and six others accused persons were apprehended and these accused were identified during Test Identification Parade. That case was at the evidence stage in which his son Babloo Kumar Singh deposed before the court of 2nd Sessions Judge about 15 to 17 days ago where Satyendra Kewat had threatened his son not to come for evidence otherwise his entire family would be killed. He had also threatened to withdraw the case. Today, i.e. on 11.08.2001, while he was reading the newspaper sitting on the bench of tea stall of Nand Kishore Singh situated near Basudeopur Check Post, suddenly at around 9.10 a.m. Satyendra Kewat came there on his Kawasaki Caliber Motorcycle bearing No. BR-17F-8822 and came at the distance of about 5 feet and took out a country made pistol from his waist and fired upon me, but it became misfired. Immediately he took out another country made pistol from his waist and again fired upon me. Meanwhile, he fell on his back then the bullet hit Mahadeo B.P. on his chest, who was standing behind him, as a result he fell down. Informant ran towards the colliery office in order to save his life but Satyendra Kewat started chasing him and was abusing him for giving the evidence. The accused chased him for about 200 feet and thereafter he returned and fled away from his motorcycle. Injured Mahadeo B.P. was taken to the hospital for treatment. Many people were present at the place of occurrence who have also seen the occurrence. It seems that since he was to depose in the case that is why with a view to deter him, firing was made upon him to cause his murder, but he could save himself and the bullet hit Mahadeo B.P. who was standing behind him and who became seriously injured. This fardbeyan was signed before his uncle Jagdish Singh. On the basis of the fardbeyan Jogta(Loyabad) P.S. Case No. 69/2001 under Sections 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act was registered and a formal F.I.R. was drawn up being G.R. No. 2184/2001. After investigation, charge-sheet was submitted against the sole appellant.