AKHILESHWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Two persons, namely, Akhileshwar Singh @ Santu Singh and Marwari Bandra and 3 unknown persons were made accused in Sini Railway Chandil P.S. Case No. 11 of 2007 which was lodged on the basis of the fardbeyan of Shankar Pradhan recorded on 15.10.2007 at about 19:30 hrs. at Railway Hospital, Sini. Charges under sections 302/34 and 307/34 of the Indian Penal Code and under section 27 of the Arms Act were framed against the appellant; the accused, namely, Marwari Bandra has faced the trial separately in'T. No. 19 of 2009.

(2.) In Sessions Trial No. 84 of 2008, the appellant has been convicted and sentenced to RI for life and fine of Rs.5000/- under section 302/34 IPC, RI for 10 years and fine of Rs. 5000/- under section 307/34 IPC and RI for 3 years and fine of Rs.5000/- under section 27 of the Arms Act. In default of the payment of fine, he has to suffer further sentences under the respective offences.

(3.) The prosecution has examined as many as 15 witnesses in support of its case out of which PW-1 to PW-5 are the members of the police patrolling party which had visited the place of occurrence immediately after the incident. They are not eye witnesses and they have not spoken anything about the appellant. PW-6, PW-7 and PW-8 were present in the market and PW-7 is the owner of Kranti hotel where the informant along with Dharmu Mukhi, Jagdish Mahato and Godrej Mahato had Dosa. But, they have not spoken about the appellant firing a pistol shot on Dharmu Mukhi. PW-13 is brother of the deceased and PW-14 is his father, but they have turned hostile. PW-9 has also turned hostile. Jagdish Mahato and Godrej Mahato, who according to the informant were with him in the market, have not been examined during the trial. And, PW-12 has stated an entirely different story about the dead body found in a jungle.