- (1.) One Barhan Das (hereinafter referred to as the deceased) paid price for changing his loyalty from one trade union to another and Surendra (hereinafter referred to as the 'accused') was said to be instrumental in taking away his life. Four persons faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short the 'IPC'). The trial Court convicted them accordingly. The matter was carried in appeal before the Jharkhand High Court which by the impugned order dismissed the appeal filed by the accused appellant and held that accusations under Section 302, I. P. C. have been made out against him who was accused No. 4 before the trial Court. Kedar Dusadh (A-1) died during the pendency of the appeal before the High Court. Chandrika Das (A-2) and Krishna Kumar (A-3) were given the benefit of doubt and their acquittal was directed.
(2.) Prosecution version as unfolded during trial is as follows : At about 9.30 a.m. on 1-8-1995 the deceased and his son Satyendra Das (PW-4) had gone to take tea near the shop of one Siyaram (PW-5). Hira Sao (PW-1) and Ravindra Sao (PW-2) were also sitting near the shop. Suddenly, the four accused persons came from the side of the road. Accused Krishna Kumar came towards the informant (PW-4) and the deceased and directed that the deceased should be assaulted. On hearing this, accused appellant Surendra took out a pistol from his waist and fired at the deceased. The bullet hit left eye of the deceased. After such firing all the four accused persons fled away. On receiving the bullet injury, deceased fell down and became unconscious. The informant with the help of others took him to nearby hospital where he was declared dead. According to the information given at the police station on which investigation was started, the four accused persons were working in the Katras Colliery. The deceased was a labour leader. Since he left the union to which the accused persons belonged and joined another union, this has caused annoyance to the accused persons and because of this, the murder was committed. After completion of investigation charge sheet was placed. The accused persons pleaded false implication.
(3.) Placing reliance on the evidence of the eye-witnesses, the trial Court convicted the accused persons and the conviction was maintained by the High Court so far as only the accused appellant is concerned. The High Court's judgment is under challenge in this appeal.;