BORO PASWAN 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 25th of August, 2009 and the Order of sentence dated 27th of August, 2009, passed by the learned Additional Sessions Judge, F.T.C., Sahibganj, in Sessions Case No. 204-A of 2006, whereby, the appellant has been found guilty and convicted for the offences under Sections 302 / 34 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 and fine of Rs. 5,000/- for the offence under Sections 302 / 34 of the Indian Penal Code, and also R.I. for 3 years for the offence under Section 27 of the Arms Act. Both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Uma Yadav, who is brother of the deceased Prabhu Yadav, recorded on 12.6.2003 at about 7.30 P.M., near the Railway Hospital, Jharna Colony, Sahibganj. The informant has stated that on 12.6.2003, he saw his brother Prabhu Yadav and cousin Amlesh Yadav going on a rickshaw towards Railway Bridge, where upon he asked them as to where they were going. They informed that they were going towards Jharna Colony and would return soon. After some time the informant also proceeded towards Jharna Colony and when he reached near the bridge near water tank, he saw the accused persons Boro Paswan, Krishna Saw and Jhabu Paswan on one motorcycle and upon seeing the informant, the accused persons abused him in filthy languages and stated that they had committed the murder of his brother and they fled away. As the informant proceeded further, he saw the rickshaw puller coming back, on whose rickshaw, his brother and cousin had gone towards Jharna Colony. The rickshaw puller also informed him that his brother had been murdered. He reached near the shop of one Mansoor Qureshi, where he found his brother lying on a chouki in the pool of blood. His brother was having three gunshot injuries, out of which, two injuries were on his head and the third injury was on the side of his chest. His brothers Munna Yadav and Raju Yadav, and the counsin Amlesh Yadav were present there and all of them informed him that Boro Paswan, Krishna Saw and Jhabu Paswan came there and all of them fired one shot each upon the deceased and fled away. The informant has further stated that the accused persons had committed the murder of his brother, due to previous enmity and being the criminals, they wanted to establish their supremacy. On the basis of the fardbeyan of the informant, Borio (Jirwabari) P.S. Case No. 57 of 2003, corresponding to G.R. No. 148 of 2003, was instituted for the offences under Sections 302 / 34 of the Indian Penal Code, and Section 27 of the Arms Act, and investigation was taken up. After investigation, the police submitted the charge-sheet in this case.