D.N.UPADHYAY, J. - (1.) THIS Cr. Appeal is directed against the judgment of conviction dated 13.9.1996 and sentence dated 16.9.1996 passed by the VIth Additional Sessions Judge, Palamau at Daltonganj in connection with Sessions Trial No. 67 of 1989 whereby appellant Kumar Sanjay @ Sanjay Kumar Singh @ Chhote @ Chhotu Singh has been held guilty for the offences punishable under Sections 302, IPC and sentenced him to undergo rigorous imprisonment for life.
(2.) THE prosecution case in brief is that Krishna Ram (deceased) left home and went to the shop -cum -residence of Bishu Ram @ Bishwanath Ram. Within 10 -15 minutes, 6 -7 school going boys raising 'hulla' reached to the house of the informant and reported that Bishu Ram and Chotua Singh have fired at Krishna Ram at the shop of Bishu Ram and after having injury, Krishna is lying near the shop. The informant, who is the mother of the deceased ran to the place of occurrence and found her son dead having gun shot injury on his head. She had also noticed bunch of hair of Krishna Ram lying near the place of occurrence. Fardbayan of the infonnant Kaushalya Devi was recorded by the police on 16.8.1988 at about 10 a.m. Besides the above fact, she had also narrated that in the morning Bishu Ram @ Bishwanath Ram had been to her house and he wanted to meet Krishna Ram but Krishna Ram was sleeping at that time then he told the informant to send Krishna to his shop. At about 8:30 a.m. the informant told her son Krishna Ram that Bishwanath Ram wanted to meet him and he has called him m his shop. Thereafter, Krishna Ram had his bath and went to meet Bishwanath Ram to his shop and within 10 -15 minutes this incidence took place. On the basis of fardbayan of Kaushalya Devi, Daltonganj (Sadar) P.S. Case No. 267 of 1988 dated 16.8.1988 under Sections 302/34 and 27 of the Arms Act against Bishwanath Ram and Kumar Sanjay @ Sanjay Kumar Singh @ Chhote @ Chhotu Singh was registered. The police after completing investigation submitted charge -sheet only against accused Kumar Sanjay @ Sanjay Kumar Singh @ Chhote @ Chhotu Singh. Accordingly, the accused was put on trial and the prosecution has examined altogether six witnesses whereas the accused has also examined two witnesses. Dr. Shayam Bihari Mahto had conducted post -mortem examination on the dead body of Krishna Ram on 16.8.1988 at about 1.30 p.m. and found the following injuries on his person : i. Lacerated wound 1 -1/2" x 1/2" x cavity deep with inverted margin about 1" the right eyebrow having brain matter coming out (wound of entry). ii. Lacerated injury 3" x 2" x cavity deep with averted margin about 4" behind and above the left ear smearing with brain matter with hairs all round. Injuries were caused by firearm and the same were sufficient in the ordinary course of nature to cause of death.
(3.) BISHWANATH Ram (PW 2) has stated that on 16.8.1988 at about 9 a.m. accused Chhote @ Chhotu Singh along with his associate reached to his shop and they scuffled with Krishna Ram (deceased). In the meantime, Chhote @ Chhotu Singh took out pistol and opened fire causing injury on the head of Krishna Ram. After having injury, Krishna Ram fell down and died at the spot. He has further stated that he had called Krishna Ram for attending a meeting of their caste because he was the President and Krishna Ram (deceased) was the Secretary of said caste organization. In the morning, he had gone to the house of Krishna Ram to inform him but he was sleeping at that time, therefore, he told his mother to send Krishna Ram to his shop and as such Krishna Ram had come to his shop at about 9 a.m. After the incident, he informed the nearby people, who were present and went to the Police Station. He had also given his statement before the Magistrate. The appellant was identified by him in the Dock. In his cross -examination, he has named the persons who are having their residence in the vicinity but he could not say whether they had witnessed the occurrence or not. He has been examined in detail with regard to the location of his shop and the locality. He admits that in course of going to the police station, he had informed, Guput Babu about the incident. He stayed at the police station for about 25 -30 minutes and then returned back to the place of occurrence where the police also arrived. On the next date, he had given his statement before the Magistrate in the Court.;