RAMESHWAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal arises against the judgment dated 19. 03. 2004 passed by the Additional sessions Judge F. T. C.-V, Deoghar in sessions Trial No. 111 of 2002 whereby, the appellants have been convicted for committing the offence under Sections 148, 302/34, 307/34, 323/34 and 380/34 of the indian Penal Code and Section 27 of the arms Act as well as Section 3/4 of the explosive Substances Act and they have been sentenced to undergo R. I. for life for the offence under Section 302/34 of the i. P. C. , R. I. for ten years under Section 307/34 of the I. P. C. and a fine of Rs. 2,000/-each and in default in payment of fine, further R. I. for six months each, further R. I. for ten years each under Section 3/4 of the explosive Substances Act and to pay a fine of Rs. 1,000/- each, in default of payment of fine further R. I. for a period of three months each, R. I. for a period of five years for the offence under Section 27 of the Arms Act. All the sentences have been ordered to run concurrently. However, no separate sentence has been awarded for the offence under section 332/34 and 380/34 and 148 of the indian Penal Code.

(2.) THE facts in brief leading to the present appeal are that a Fard bayan of Constable 112 of Jharkhand Armed Police-5 namely md. Sweb was recorded by the Officer In-charge of Madhupur Police Station on 07. 06. 2001 at Kusmaha Guard Room wherein he alleged that on 07. 06. 2001, between 18:00 hrs. to 20:00 hrs. , Constable md. Yunus was on sentry duty. At that time hawaldar Ambika Singh was sitting on a chair in varandah and one another sentry guard was standing here. Constable Ashok kumar was preparing 'chapati' while constable 145 was cooking vegetables. Constable Bijay Kumar Singh (deceased), constable Mandeshwar Pandey, Hawaldar jagdish Singh, Constable Gyani Saw were sitting on a 'machaan'. At about 18:30 hrs. , 8 to 10 persons having 'jhola' were seen coming on foot, followed by six persons coming on three bicycles and 5-6 persons were coming on foot. Those persons who came on foot, entered into the Guard Room and the persons who were on bicycles, started firing on the 'machaan' from their pistols. Two constables namely Bijay Kumar and Mandeshwar Pandey, who were sitting on the 'machaan', rushed towards the Guard room but in the mean time, two miscreants opened fire upon them, one of which hit constable Bijay Kumar Singh on his head and he fell down in a ditch on the northern side whereas, Constable Mandeshwar pandey sustained injuries on his shoulder from behind but he could manage to enter into the Guard Room. He along with hawaldar Jagjit Singh and Constable Gyani sah, rushed in another direction but the miscreants fired upon them also, due to which, Hawaldar Jagjit Singh received injuries on his thigh. The informant and the constable Gyani Sah remained there. All the miscreants, thereover, fired away in southern direction. The informant thereafter came to the Guard Room, where he found Hawaldar Ambika Singh. Constables Ashok Singh, Constable Md. Yunus and Constable Mandeshwar Pandey to be in seriously injured conditions. Hawaldar Ambika Singh stated that the miscreants had entered into the Guard room and in that course, he had scuffle with them. When one of the miscreants started assaulting Constable Ashok Singh then he hit that miscreant with the butt of his carbine as a result of which, he fell down. One miscreant fired upon Constable Md. Yunus from his pistol, which did not hit him. In reply, Md. Yunus also opened fire, which hit one of the miscreants who fell down. The informant further alleged that he saw constable Bijay Kumar Singh lying dead in a ditch, close to the Guard Room. Injured jagjit Singh, Mandeshwar Pandey and Md. Yunus were sent to the hospital. Subsequently, it was found that fire arms i. e. , two S. L. Rs. along with 65 round of ammunitions, three magazines and 10 cartridges were missing. The informant claimed that since they had seen the miscreants in the day light and therefore, they can identify them. He also alleged that one of the miscreants exploded bombs also on the western wall of the Guard Room. The miscreants fled away leaving three bicycles, four umbrellas, one knife, three bags containing clothes, pistols and cartridges etc. at the spot.

(3.) THE Police took up the investigation and on its completion submitted chargesheet against the present three appellants and kept the investigation pending against the remaining accused persons. The case was thereafter committed to the court of Sessions where charges were framed to which the appellants pleaded not guilty and thereafter, they were put on trial.