AKHILESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and the learned counsel for the State.

(2.) The appellant is aggrieved by the impugned Judgement of conviction dated 24th December, 2005, and Order of sentence dated 2nd January, 2006, passed by the learned 1stAdditional Sessions Judge, Jamshedpur, in S.T. No. 445 of 2004, whereby, the sole appellant has been found guilty and convicted for the offences under Section 302 of the Indian Penal Code, and Section 27 of the Arms Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life, for the offence under Section 302 of the Indian Penal Code, and R.I. for three years for the offence under Section 27 of the Arms Act, and both the sentences were directed to run concurrently.

(3.) The case relates to the broad daylight murder of the Jailor of Sakchi Jail, at Jamshedpur, namely, late Uma Shankar Pandey, in a very daredevil manner on 12.03.2002. The prosecution case was instituted on the basis of the fardbeyan of a constable warden of the Sakchi Jail, namely, Upendra Singh, recorded at Sakchi Jail, Jamshedpur, on 12.02.2002 at 7:30 hours, wherein he has stated that on the same day at about 7:00 A.M., in the morning, the Jailor Uma Shankar Pandey came out of jail gate and entered his quarter situated near the jail gate, in the jail premises itself. Again he came out at the gate of his quarter, where two persons had arrived, and he started talking with them. Out of them one was Akhilesh Singh, who was earlier an inmate of the jail, in connection with Kabra abduction case, and had absconded in the month of January 2000, from Jamshedpur Court premises. The other person was Santosh Pathak. The informant saw that Santosh Pathak fired pistol upon the Jailor and thereafter the Jailor came out of the gate and caught the hand of Santosh Pathak. In the meantime, Akhilesh Singh pushed the Jailor, due to which he fell down, and he assaulted the Jailor by firearm causing injury on his back, and both the accused persons started fleeing away. There was a commotion due to the occurrence, and both the accused persons were chased by the constables and the public, but Akhilesh Singh managed to flee away, firing the pistol. Santosh Pathak was apprehended near Hume Pipe Road at Jamshedpur, from whom, one pistol containing the fired cartridge was recovered, and from his possession, 2 + 10 live cartridges kept separately, one double barrel pistol, and two fired cartridges were also recovered. The apprehended accused was also assaulted by the public, due to which, he was badly injured, and he was brought to jail premises. In the meantime, the Jailor was taken to the TATA Main Hospital (for short T.M.H.). A black colour motorcycle with a bag hanging in its handle, was also found near the jail premises, on which the accused persons had arrived. It is further stated in the fardbeyan, that Akhilesh Singh was confined in the jail in connection with Kabra abduction case, when due to some incident, The Jailor had put him under danda and beri, (hereinafter referred to as chains), and he had threatened the Jailor of dire consequences for his action. It is further alleged that Chandragupt Singh, the father of Akhilesh Singh had also threatened the Jailor for the said act. Claiming, that the accused Akhilesh Singh and Santosh Pathak had assaulted the Jailor Uma Shankar Pandey, by firearms with the intention to cause his death, in connivance with Chandragupt Singh, the fardbeyan was given by the informant, on the basis of which, Sakchi P.S. Case No. 50 of 2002, corresponding to G.R. No. 526 of 2002, was instituted for the offences under Sections 307, 120-B / 34 of the Indian Penal Code, against the named accused persons and investigation was taken up. As the Jailor died during the treatment, Section 307 of the Indian Penal code, was substituted by Section 302 of the Indian Penal Code. It may also be stated that the injured accused Santosh Pathak also died after five days, while undergoing treatment in the hospital. Upon completion of the investigation, the police submitted the charge-sheet in the case against the accused Akhilesh Singh.