SUJIT KUMAR TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 30-7-2002 and 5-8- 2002 respectively passed by Sessions Judge, Hazari-bagh in S. T. No. 562 of 1998 whereby and where under the appellant has been convicted under Section 302 of the IPC, under Section 25(A) and 27 of the Arms Act and sentenced to undergo imprisonment for life for the offence under Section 302 of the IPC, 3 years R, I. for the offence under Section 25(A) of the Anns Act and R, I. for 3 years for the offence under Section 27 of the Arms Act.

(2.) It appears that the fardbeyan of one Nand Kishore Prasad was recorded by S. I. Rajiv Kumar of Sadar P. S. Hazaribagh on 15-4-1998 wherein the said Nand Kishore Prasad has stated that on 14-5-1998 at about 11.30 a.m. while he was working in his office his elder daughter Bharti Bhushan informed him on telephone that somebody inflicted fire arm injury on his younger daughter Arti Bhushan at Khir Gaon metalled road situated near the Khir Gaon tank. On receiving aforesaid information, he rushed to the place of occurrence and from there he took his injured daughter to the hospital for treatment. He came to know that the person who had inflicted Fire arm injuries, was chased by the police and other persons of the locality while he was fleeing away towards Mission hospital. He further states that in the hospital doctor declared his daughter dead. He further stated that his daughter Arti Bhushan had received injuries on chest and back. He then stated that while he was in the hospital the police brought the culprit in the hospital in injured condition. After seeing the said culprit, he identified him, as Sujit Kumar Tiwary @ Munna, who happens to be the younger brother of his son-in-law Shambhu Kumar. When he enquired about the reason for taking life of Arti, Sujit replied that Arti Bhushan had made complaint against him to his elder brother and because of that he was driven out from the house and he has taken revenge from Arti. It has been further stated that the informant came to know that Sujit Kumar Tiwary had also opened fire on police and other persons of the locality while they were chasing him and police also exchanged fire and Sujit Kumar Tiwary also received injury. When the police apprehended Sujit Kumar Tiwary. a pistol and dagger were recovered from his possession. On the basis of the aforesaid fardbeyan Sadar P. S. Case No. 200 of 1998 under Section 302 of the IPC was registered and police took up investigation.

(3.) It appears that on the same day one Satyadeo Singh. Assistant Sub-Inspector of police had lodged another report with Sadar P. S. Hazaribagh, wherein he stated that on 14-5-1998 at 11.20 a.m. he received information on telephone that one criminal had injured a girt by inflicting fire arm injury near Khir Gaon, Pandey Tola. On receiving aforesaid information, he along with other police personnel immediately rushed to the spot- When he reached at Salim Tal situated at Barka Gaon Road, he came to know that the culprit who had inflicted injury on the girl while trying to escape has been surrounded at Bari Bazar, Gwala Toli by the people of the locality. When he arrived there on that information he was told that the culprit was hiding in bush in the boundary of Sudhir Bose's house and had fired four times on the persons chasing him. When the informant started searching him, the culprit with an intention to commit his murder, had fired on him but he saved himself by taking shelter of a wall. Later on, the informant and other police personnel surrounded the accused and tried to apprehend him but again the culprit opened fire on them. In exchange, the informant fired thrice from his service revolver and thereafter the culprit was apprehended and overpowered. On interrogation, the culprit disclosed his name as Sujit Kumar Tiwary. On search, from the possession of aforesaid Sujit Kumar Tiwary, one country made pistol and one dagger were recovered and were seized in presence of the witnesses. The culprit had received bullet injury. He was brought to Hazaribagh Sadar hospital for treatment. On the basis of aforesaid written report of Satyadeo Singh, Sadar P. S. Case No. 201 of 1998 dated 14-5-1998 under Sections 307, 324, 323 IPC and 25(1-a) and 27 of the Arms Act was instituted.