- (1.) This criminal appeal arises out of judgment of conviction and sentence dated 7.5.2003 and 8.5.2003. respectively passed by learned Sessions Judge, Gumla, in Sessions Trial No. 257 of 2001, whereby the appellant has been held guilty for offences punishable under section 302 of the Indian penal Code and section 27 of the Arms Act and accordingly he has been sentenced to undergo rigorous imprisonment for life and also to pay fine of rupees one thousand under section 302 IPC and in default of payment of fine, to undergo two months' rigorous imprisonment. He has also been convicted and sentenced to undergo rigorous imprisonment for one year under section 27 of the Arms Act. However, both the sentences were directed to run concurrently.
(2.) The prosecution case, in short, is that Ramautar Agarwal (informant) lodged fard beyan on 22.02.2001 at 12 noon near Gumla Tower chowk to the following effect : That on 21.2.2001 the informant-PW3 along with his younger brother Vijay Agarwal (deceased) went to their cycle shop. PW1 and other staff were also along with them. After opening the shutter, both the brothers sat behind the counter and the staffs were arranging the shop. In the meantime, three persons came in a black Suzuki motor cycle. The motor cycle was kept in start condition in front of the shop. The person who was driving the motor cycle was wearing a red colour helmet on his head. He remained seated on the motor cycle. Two persons entered the shop. At the pistol point, they abused and asked Vijay, why he did not send the demanded rangdari and why he was not responding to their demand and then both the accused persons fired one shot each at Vijay. Out of these two, the informant recognised the appellant, but he could not recognise the other person. The informant gave description of the other accused. After causing fire arm injuries, both the persons rushed and sat on the motor cycle and escaped. The informant found that blood was oozing out from the body and mouth of the deceased. With the help of other persons, Vijay was taken to hospital where he was declared dead. After such occurrence, local people were agitated. They took the dead body from the hospital and brought it to Gumla tower chowk and sat on dharna against the administration and demanded arrest of the miscreants without any delay. For this reason, there was delay in lodging the FIR.
(3.) On the basis of the said fard beyan, Gumla PS Case No. 44 of 2001 was registered. After investigation, charge sheet was submitted against the appellant who faced the trial and was convicted as aforesaid.;