PARVEZ ALAM @ HAIDER @ TIKRA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant Parvez Alam @ Haider @ Tikra is aggrieved by the judgment of conviction and order of sentence dated 19th of August, 2010 and 27th of August, 2010, respectively, passed by the learned Sessions Judge, Dhanbad, in Sessions Trial No.99 of 2008, whereby the appellant-accused has been sentenced to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code and to pay a fine of Rs.5000/- and in default thereof to undergo further imprisonment for 3 months and sentenced to undergo R.I. for 5 years for the offence under Section 392 of the Indian Penal Code and 2 years for the offence under Section 411 of the Indian Penal Code and 3 years for the offence under Section 27 of the Arms Act.

(3.) The FIR was drawn on 10.10.2007 at 3:00 P.M., on the basis of self-recorded statement of Sub-Inspector (for short S.I.), Sridev Upadhyay (P.W.-10), the Officer-in-charge of Katras Police Station, District-Dhanbad, wherein it is narrated that while he alongwith S.I., Rabindra Kumar Singh (P.W.-3), S.I Narendar Prasad Singh (P.W.-2) and other police personnel were returning from Katras College, where they had been deputed to maintain the law and order on the occasion of oath taking ceremony of the elected candidates of the Student Union, and when they reached at Bhagat Singh Chowk at around 14.10 hours, then they heard sound of gunshot firing coming from the direction of Katras-Rajganj road. Whereupon, he along with the police personnel proceeded in the said direction, and when they reached at the junction of the road leading towards Lakshmi Talkies, they saw a person lying on the road in a pool of blood. They saw people chasing the criminals. The police personnel also joined the chase and one criminal carrying a black bag on his shoulder was apprehended who disclosed his name as Parvez Alam and stated that he had shot the man and looted the bag and his companions Subodh Mandal and Soni @ Sohail had managed to escape on a Hero Honda motorcycle. Thereafter, in the presence of two independent witnesses namely, Mahesh Pramanik (P.W. 4) and Ranjit Jaiswal (P.W. 7), the black bag was opened which contained currency notes amounting to Rs.45,000/- (forty five thousand), train tickets and other articles. On search of the body of Parvez Alam a country made pistol with a fired .32 cartridge and two live .32 cartridges, a mobile phone and currency notes amounting to Rs.865/-, etc. were found and seized. The seizure list was prepared on which the accused Parvez put his signature. The deceased, who suffered gunshot injuries, was identified by the people present there as Anwar Hussain, the 'munshi' of Grand Shoe Company.