- (1.) THIS criminal appeal has been filed by the appellant against the Judgement of conviction and sentence dated 22.10.2002 passed by Additional Judicial Commissioner, Fast Track Court, Ranchi in Sessions Trial No. 214 of 2002/T.R1. No. 286 of 2002 corresponding to Sukhdeonagar P.S. Case No. 338 of 2001 whereby the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and further rigorous imprisonment for one year for each of the offences punishable under Sections 25(1 -B) and 26 of the Arms Act and rigorous imprisonment for seven years for the offence, punishable under Section 27 of the Arms Act and all the sentences were directed to run concurrently. This Criminal Appeal was earlier heard and dismissed by a Bench of this Court vide Judgment dated 17.01.2007 and after remand by the Apex Court vide order dated 23.07.2007 in Criminal Appeal No. 941 of 2007 [arising out of S.L.P. (Crl.) No. 1960 of 2007], it has been re -heard and being disposed bf by this Judgment and Order.
(2.) THAT prosecution case in brief is that Pardbayan of Sunil. Kumar Singh recorded on 28.06.2001 at R.M.C.H. Ranch! at 15:00 hrs., discloses the fact that on the said date, at about 12:00 noon,, the informant was sitting in a shop of scrap dealer situated near Kabristan, Rata Road, Ranchj. In the mean time, he heard some noise from the said of Navjivan Tyre Shop. When) he reached there, he saw the appellant Mukesh Kumar Yadav causing injury to Sachin Kumar Singh by means of a dagger. The informant had witnessed infliction of repeated blows by means of dagger by the appellant Sachin Kumar Singh happened to be the brother of informant and, therefore, he rushed to rescue him but till then, the appellant took out a Pistol from his waist and opened fire but it did not hit because of misfire. Sachin Kumar Singh, after sustaining multiple injuries. fail: down. The occurrence was i witnessed by many persons who also tried to catch Mukesh Kumar Yadav (appellant), but the appellant, aiming at them, pressed the trigger but again it was misfired and then he had thrown the Pistol at the place and; fled away towards Birsa Body Gaii. Sachin Kumar Singh was removed to Hospital for treatment but succumbed to the injuries.
(3.) THAT on the basis of Fardbayan lodged by Sunil Kumar Singh, Kotwali Sukhdeo Nagar P.S. Case No. '338 of 2001 dated 28.06.2001, under Section 302 of the Indian Penal Code and Section 25(1 -B), 26 and 27 of the arms Act, against the sole, accused/ appellant Mukesh Kumar Yadav was registered.. The Police, after due investigation, submitted chargesheet and after commitment, the appellant was put on trial for facing charges framed under Section 302 Of the Indian Penal Code and Section 25(1 -B), 26 and 27 of the Arms Act ..;