SHIB RATAN KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 2. 12. 1999 passed by learned Sessions judge, Singhbhum West at Chaibasa Camp at Seraikella in S. T. No. 224 of 1996 whereby and where under the appellants are convicted under Sections 302/34 of the Indian penal Code and 27 of the Arms Act and were sentence to undergo life imprisonment under Section 302 of the Indian Penal Code. However, no separate sentence has been passed under Section 27 of the Arms Act.

(2.) THE case of the prosecution in short as per the F. I. R. is that on the date of occurrence at 5. 00 p. m. while the informant PW3 (wife of deceased) was cooking food in her house, P W2 Gurua Munda came and informed that two persons had shot fire on her husband while he was returning from market. It is further alleged that informant along with other villagers went to the place of occurrence with food and water. It is further stated that the deceased after taking water, informed the informant and other villagers that the appellants had shot fire on his back and because of injury he would not survive. It is further stated that after aforesaid statement the deceased died. It appears that on the basis of aforesaid statement of the informant the present case was instituted by the police took up investigation. After completion of investigation, the police submitted charge-sheet in the Court of additional Chief Judicial Magistrate, saraikella, who took cognizance in the case. It further appears that since the case is exclusively triable by the Court of Sessions, the same was committed to the Court of Sessions.

(3.) AFTER the commitment, the charges were framed against the appellants vide order dated 5. 4. 1997 under Section 302/34 of the Indian Penal Code and also under section 27 of the Arms Act. It then appears that the prosecution had examined altogether ten witnesses and also proved inquest report and post-mortem report in support of its case. It further appears that after closing of the evidence of the prosecution the accused appellants were examined under Section 313 of the Code of Criminal procedure in which their defence is of total denial.