KRISHNA BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 16.12.2008 and 18.12.2008 respectively passed by the Additional Sessions Judge, Fast Track Court-II, Chatra in Session Trial No. 112 of 2006 whereby the appellant herein has been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and fine of Rs. 3,000/- and in default thereof, to undergo further imprisonment for six months. The appellant has also been convicted under section 27 of the Arms Act and sentenced to undergo imprisonment for five years and fine of Rs. 1,000/- and in default of the payment of fine, to undergo further imprisonment for two months.

(2.) The brief facts of the case, as stated in the fardbeyan of the informant Ravindra Bharti (P.W.7) recorded on 18.01.2006 at about 06.30 am, is that on 17.01.2006 at about 9.00 pm, the appellantKrishna Bhuiyan was quarrelling with his neighbour Raj Kumar Bharti. Gauri Bhuiyan (deceased) intervened in the quarrel and made them understand. Thereafter, both Raj Kumar Bharti and the appellant went from there. On the same day at about 9.30 pm, when Gauri Bhuiyan and his mother were sitting near fire in the street, the appellant Krishna Bhuiyan again came and started speaking loudly. The informant and his neighbours Gora Bhuiyan, Pravesh Prasad and others came there and saw that the appellant Krishna Bhuiyan suddenly fired up on Gauri Bhuiyan with a gun, consequently Gauri Bhuiyan fell down and died. Thereafter, the appellant fled away towards west of the village. The information about the incident was given to the Choukidar of the village.

(3.) On the basis of the fardbeyan, an F.I.R being Pratappur P.S Case No. 05 of 2006 was registered under Section 302 of IPC and section 27 of Arms Act against Krishna Bhuiyan (the appellant). After investigation, the chargesheet was submitted by the police and charge was framed against the appellant under Section 302 IPC and section 27 of the Arms Act and tried accordingly.