D.N.UPADHYAY,J. - (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 16.01.2007 and 18.01.2007 respectively passed by the 1st Addl. Sessions Judge, Latehar in connection with Sessions Trial No.107 of 2004 corresponding to G.R. Case No.338 of 2003 arising out of Latehar (Manika) P.S. Case No.34 of 2003 whereby the appellant has been held guilty for the offence punishable under Section 302/34 and 394/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.5000/ under Section 302/34 of the Indian Penal Code and R.I. for 10 years and to pay fine of Rs.5000/ under Section 394/34 of the Indian Penal Code and in default of payment of fine he shall suffer further imprisonment for a period of two months for each of the offences. The sentences so passed were directed to run concurrently.
(2.) Prosecution case is as follows: On 21.09.2003 the informant along with other police officials were on evening patrol and in course of that they were present near B.P. Gipsy Petrol pump. Another police patrolling party was present at a distance of 300 yard ahead near Baba Raghav Chisty. In the mean time, a Tata Sumo vehicle plying in high speed came on the road. The informant noticed blood spot on the left side of the body of the vehicle and therefore, informed officer of another patrolling party to stop the vehicle. Signal by flash light was given to the driver but he did not stop and speed up the vehicle. Thereafter information that a Tata Sumo vehicle bearing registration no. BR 2B 4691 is plying in suspicious condition was given to Chandwa Police Station through wireless. Latehar police patrolling party including informant also chased the vehicle from behind. Somehow, the vehicle was cordoned near Udayapura Ghati. Four persons including appellant were occupying said Sumo Vehicle. Amod Narayan Singh, OfficerinCharge, Chandwa Police Station asked all the four occupants to come down from the vehicle to which they followed. They further disclosed their identity by disclosing their name. On search one accused Guddu Kumar was found in possession of a countrymade pistol in which smell of gun powder was present. Appellant Pintu Kumar @ Gunjan Kumar was found in possession of two live cartridges. Wearing apparel of accused Vikas and Ramanand Yadav were found stained with blood. The appellant and his associates did not produce valid documents against possession of arms and ammunitions and therefore, they were prosecuted for the offence punishable under Section 25(1)(b)(a)/26/35 of the Arms Act and for that written report was forwarded to register a case. On further interrogation, accused Guddu Kumar confessed that after making a plan to commit robbery they had hired a Tata Sumo vehicle from GolaBigha bus stand on the pretext to go to Ranchi and they proceeded on that vehicle on 21.09.2003 at about 11.00 a.m. from Gaya. At about 6.00 p.m. after covering distance of 3040 km. from Daltonganj, at a lonely place where shrubs and bushes were available at the side of road, accused Ramanand Yadav asked the driver to slow down the speed of the vehicle. In the mean time accused Guddu Kumar who was sitting on the rear seat aiming at temporal region of the driver opened fire from his pistol. After having gun shot injury the driver died in the vehicle itself and charge of steering of the vehicle was taken over by accused Ramanand Yadav. Thereafter, the dead body of driver was thrown on the road and they proceeded towards Ranchi in order to dispose of the vehicle so looted. The name of deceased driver was disclosed as Dinesh Singh. The appellant and companion accused further confessed that they can show the dead body of Dinesh Singh to which they have thrown on the road. Then the police party along with the appellant and others returned back towards Daltonganj and noticed the dead body of driver lying on the road at a place 2530 km. behind from Udaypura. All the four accused persons including the appellant pointed towards the dead body of driver and confessed jointly that they had killed the driver and threw the dead body in order to commit robbery of the vehicle. The police party remained busy for whole of the night in performing all these formalities after arrest of the appellant and his associates. In the early morning when the people assembled, inquest report was prepared in presence of witnesses namely Gouri Prasad and Shankar Prasad. Blood stained soil and blood clotted on the head of the deceased and a mobile set which was lying on the spot were also seized.
(3.) The police SubInspector Md. Jainuddin has recorded his selfstatement on the basis of which Latehar (Manika) P.S. Case No.34 of 2003 dated 22.09.2003 was registered. The investigation was carried out and chargesheet against the appellant and his associates was filed under Section 302, 394 and 411/34 of the Indian Penal Code and Section 27 of the arms Act. Accordingly, cognizance was taken. Except the appellant, remaining three accused were found juvenile and hence, case of those three accused was split up from the case of present appellant. The appellant was put on trial for the charges under Section 302/34, 394 and 411 of the Indian Penal Code and Section 27 of the Arms Act. The learned trial judge, placing reliance on the evidence and documents on record, held the appellant guilty and sentenced him, as indicated above.;