SANJAY SAMAD Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgement of conviction dated 31.03.2008 and Order of sentence dated 04.04.2008, passed by the learned Additional Sessions Judge, Fast Track Court-II, Seraikella Kharsawan, in S.T. No. 28 of 2007, whereby, the sole appellant has been found guilty and convicted for the offences under Sec. 302 of the Indian Penal Code, and Sec. 27(1) of the Arms Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs.1,000.00, for the offence under Sec. 302 of the Indian Penal Code, and R.I. for three years and fine of Rs.1,000.00, for the offence under Sec. 27(1) of the Arms Act, and both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Rohia Barda, the resident of village Kelugote, P.S. Rajnagar, District Seraikella Kharsawan, and the brother of the deceased Lakhan Barda, recorded on 13.11.2006 at 23:30 hours at M.G.M. Hospital, Jamshedpur, wherein he has stated that on the same day in the evening he was sitting alongwith his brother and other villagers by the side of the village road in front of house of Lokay Samad. At about 6:00 to 7:00 P.M., the accused Sanjay Samad came there and started abusing his brother Lakhan Barda in filthy languages for the reason that he had engaged two labours, who were working in the field of the accused. When he was prevented to make abuses in filthy languages, he went back to his house threatening to kill, returned back, and taking out a pistol from his pocket, fired the same upon the deceased, injuring him near his neck. The deceased fell down sustaining bleeding injuries. The deceased was brought to Rajnagar Hospital with the help of the villagers, from where, he was referred to M.G.M. Hospital, Jamshedpur. He was brought to M.G.M. Hospital, Jamshedpur, but in course of treatment, he died after some time. On the basis of fardbeyan of the informant, Rajnagar P.S. Case No.56 of 2006, corresponding to G.R. No.815 of 2006, was instituted for the offences under Sec. 302 of the Indian Penal Code, and Sec. 27(2) of the Arms Act, against the accused Sanjay Samad, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.