GAJENDRA SINGH KUSHWAHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant was put on trial for the charges under Section 302 of the Indian Penal Code and also under Section 27 of the Arms Act on the allegation that the appellant with his rifle shot dead one Balihari Harijan. Learned trial court having found the appellant guilty for the charges sentenced him to undergo rigorous imprisonment for life under Section 302 of Indian Penal Code and also to pay fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for six months. He was also sentenced to undergo rigorous imprisonment for seven years under Section 27 of the Arms Act. Both the sentences were ordered to be run concurrently.

(2.) THE case of the prosecution is that the informant, Babulal Kahar, P. W. 2, a security guard, as well as Hawaldar, Ram chandra Singh, and also Balihari Harijan (deceased) had been deputed to keep vigilance at Jamtara railway siding. On the day of occurrence i. e. on 30-1-1997, while the deceased-Balihari Harijan was present in a hut in which he was living at railway siding, the informant and one Girija Mahto, P. W. 1, a private guard, came to attend their duties at railway siding at about 8:45 p. m. Meanwhile, three personnel of C. I. S. F. came over there with their rifles to discharge their duties. While the informant, Babulal Kahar, p. W. 2, and his co-fellow were about 25 to 30 yards away, they heard sound of firing at about 9:15 p. m. and upon it, they came rushing at the hut where they found Balihari harijan lying dead over the cot. There they found the appellant, Gajendra Singh kushwaha, a C. I. S. F. personnel, present with a rifle who on seeing them pointed rifle to them and asked him to take dead-body towards railway line and while they were taking the dead-body out of the hut, two C. I. S. F. personnel, namely, Janadhan Pradhan, P. W. 6 and V. N. Vellandhan, P. W. 9, came over there and then the appellant fled away and then both the C. I. S. F. personnel told the informant that the appellant had verbal altercation with the deceased before the occurrence.

(3.) THEREAFTER, when Manager Ram, S. I. of jamtara Police Station, reached at the place of occurrence, he recorded fard-beyan (Ext. 4) of the informant, Babulal Kahar, P. W. 2, on 30-1-1997 itself at 10:30 p. m. Thereupon, a case was registered and the matter was taken up for investigation by said S. I. , manager Ram, who has not been examined as the prosecution witness. However, from the records, it appears that said S. I. , Manager Ram, held inquest on the dead-body of the deceased and prepared Inquest Report (Ext. 9-B ).