MUKUND KACCHAP Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Gaurav Priyadarshi and learned Additional Public Prosecutor, Mr. Satish Kumar Keshri, appearing for the State.

(2.) Both the criminal appeals are arising out of common judgment of conviction dated 06.07.1996 and order of sentence dated 12.07.1996, passed by learned 6th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 109 of 1990/T.R. No.52 of 1991 whereby altogether three accused persons have been held guilty and convicted for the offence committed and punishable under Sections 302/34 and 394 of the Indian Penal Code and awarded imprisonment for life for the offence committed and punishable under Section 302/34 of the Indian Penal Code and rigorous imprisonment for ten years for the offence committed and punishable under Section 394 of the Indian Penal Code. Both sentences are directed to run concurrently. As such both the criminal appeals are heard together and disposed by this common judgment.

(3.) The prosecution case is based upon the fardbeyan of Naresh Chandra Sinha (P.W.2), recorded by Assistant Sub-Inspector, B.P. Roy at emergency ward of Rajendra Medical College Hospital on 25.03.1988 at 15 hours. The informant has alleged that in the morning at 11:00 A.M., upon direction and order of Assistant Director, Sri M.L. Singh (Mukhlal Singh) they left office and accompanying him were also Sri J. Dang (P.W.3), Sri S.K. Choudhary (P.W.5) and Rajiv Kumar (P.W.7) for Pundag, Dipa Toli. The informant has stated that he was on his motorcycle with Sri S.K. Choudhary who disclosed him that their officer is left behind and is not visible. Thereafter the informant stopped his motorcycle and turned behind and saw that the scooter of Mukhlal Singh is lying and thereafter they went towards him. In the meantime, they saw 3-4 persons dragging their officer. The informant has also felt that those persons were snatching things from his officer. The informant reached therefor rescue but in the meantime, one of the accused aged about 20-22 years, wearing red shirt, black in colour, short in height, wearing jeans full pant pointed out pistol towards them and thereafter the informant fled away towards the village. The informant raised brawl in Dipa Toli, Pundag and thereafter alongwith villagers, they came and saw that his officer has sustained fire arm injury on his abdomen. The officer was taken on scooter and subsequently on tempo and reached Harmu Hospital, Harmu where only compounder was present, who asked them to take the injured to RMCH, as the person has sustained fire arm injury. Thereafter the injured was taken to RMCH where doctor declared him dead. The place of occurrence is lying under Argora Police Station.