CHANDRA SHEKHAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole convict has challenged the judgment of his conviction under section 302/34 IPC and section 394 IPC dated 18.06.2014 passed in S.C. No. 136 of 2008. He has been sentenced to R.I for life and fine of Rs. 20,000/- under section 302/34 IPC and R.I for five years and fine of Rs. 5,000/- under section 394 IPC.

(2.) The appellant and the co-accused, namely, Guddu Gupta are said to have snatched rifle from Jagdish Thakur, RPF constable, and the appellant fired a pistol shot on his chest while they were travelling in Train No. 3072 DN, Jamalpur-Howrah Express on 04.09.2004. Both the accused persons were not known to the informant who was present on Jamalpur-Howrah Express as Duty Guard and, therefore, on the basis of his fardbeyan which was recorded on 04.09.2004 at about 22:30 hrs., Rail Sahibganj P.S. Case No. 20 of 2004 was lodged under section 394/307/34 IPC against unknown. The injured constable, namely, Jagdish Thakur succumbed to the pistol shot injury during the course of his treatment and thereafter the offence under section 302 IPC was added in the report. After the investigation, a charge-sheet was submitted under section 394/307/302/34 IPC and section 120-B IPC against the appellant keeping the investigation pending against other co-accused persons but finally in respect of them final form was submitted on the ground of lack of sufficient evidence.

(3.) During the trial, the prosecution has examined eight witnesses; the informant, namely, Ram Swaroop Mandal is P.W.2 and the investigating officer is P.W.8. The prosecution has tendered in evidence documents including the confessional statement of the appellant which was recorded on 13.09.2004 and marked as exhibit-4.