KANDEY PURTY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curie appointed by the Court for the sole appellant and the learned Addl. P.P. for the State.

(2.) This jail appeal is directed against the Judgment of conviction dated 27.07.2005 and Order of sentence dated 30.07.2005, passed by the learned Additional Sessions Judge,F.T.C.-V, West Singhbhum at Chaibasa, in S.T. No. 56 of 2004/S.T.R. 17 of 2004, whereby the appellant has been found guilty and convicted for the offences under Section 302 of the Indian Penal Code and section 27 of the Arms Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code and imprisonment for 7 years for the offence under section 27 of the Arms Act, and both the sentences were directed to run concurrently.

(3.) According to the prosecution story, there is direct allegation against the appellant, Kandey Purty, of committing murder of two persons, including father of the informant by firearm. The informant Lugdi Purty, who is son of one of the deceased Silay Purty, has stated that on 28.10.1995 in the morning his father had gone to another village for performing a worship and at about 4.00 P.M., the informant was going to bring back his father. When he reached near one Sanjay bridge, he saw his father coming with another deceased Sriram Kandai Buru. The accused Kandey Purty, who was standing there, fired firearm upon Sriram Kandai Buru, who fell down on the road. The father of the informant tried to flee away from the place, who was chased and he was also assaulted by firearm, who also fell down. As to the cause of occurrence, it is stated that the accused is the cousin of the informant and there was land dispute between the parties. Two named witnesses had seen the occurrence, and others also assembled there, who were informed about the occurrence. After the occurrence, at about 11.30 P.M. in the night, the informant went to the Police Station and lodged the First Information Report to the aforesaid effect, which was registered as Mufassil Chaibasa P.S. Case No. 103 of 1995, corresponding to G.R. No. 558 of 1995 and investigation was taken up. After investigation, the police submitted charge sheet against the accused appellant.