- (1.) THIS appeal of the appellant Mukesh Kumar Yadav was admitted for final hearing on 31.10.2002 and his prayer for bail was refused on 3.2.2003. He renewed his prayer for bail, which was dismissed as withdrawn on 17.7.2003. The appellant again prayed for bail by filing I.A. No. 988 of 2004 which was rejected as not pressed and the appeal was directed to be heard on priority basis and it was directed to be listed within twenty - five cases in January 2005. Another attempt was made by the appellant for bail, which was again refused on 5.9.2005. The appellant thereafter filed another interlocutory application for bail, which was again rejected on 22.2.2006. Thereafter on the request of the counsel for the appellant this appeal was ordered to be listed within first five cases on 15.1.2007, since the appeal was running down below in the list. On 17.1.2007 when the appeal was called out, Mr. K.S. Nanda, learned counsel who appeared with Mr. B.M. Tripathy stated that he has no instruction to argue the case as the client has taken back the brief in such a situation, this Court thought it proper to appoint amicus curiae for the appellant and accordingly, Mrs. Banani Verma was appointed as amicus curiae to appear on behalf of the appellant and to assist the Court. Accordingly, this appeal was taken up for hearing and Mrs. Banani Verma, Advocate appeared as amicus curiae in this appeal.
(2.) SOLE appellant Mukesh Kumar Yadav stands convicted for the offences punishable under Section 302 and Sections 25(1 -B), 26 and 27 of the Arms Act and sentenced to serve rigorous imprisonment for life, one year, one year and seven years respectively, by the Additional Judicial Commissioner, Fast Track Court, Ranchi in Sessions Trial No. 214 of 2002, T.R. No. 286 of 2002. However, all the sentences were ordered to run concurrently. Brief facts leading to this appeal are that at about 12.00 noon on 28.6.2001, informant Sunil Kumar Singh was sitting in a Kabadi shop situated at Ratu Road near kabristan when he heard hulla coming from Navjeevan Tyre shop. As further stated, when he came out he saw that appellant Mukesh Yadav was assaulting his younger brother, Sachin Kumar Singh, with a dagger in his hand. According to the informant, when he went towards the appellant to rescue his brother, the appellant took out a country made pistol his waist and fired upon him. However, the bullet misfired. It is further asserted that the appellant gave many chura blows on vital parts of the deceased, who he has fallen on the ground bleeding profusely. According to the informant, the incident was seen by PW 1, PW 2, PW 3 and PW 4. The appellant seeing the witnesses further tried to fire from his country made pistol, failing thereafter fled towards Birla Body Lane. The informant brought his injured brother to RMCH, Ranchi with the help of witnesses where he breathed his last at 1.30 p.m. According to the informant, for last two -three days some dispute was going on between his younger brother and the appellant.
(3.) THIS statement was recorded by Bariutu Police at RMCH, Ranchi and forwarded to Kotwali (Sukhdeo Nagar) police station for registration of the case. The police registered Kotwali (Sukhdeo Nagar) police station Case No. 338 of 2001 under Section 302 of the Indian Penal Code and Sections 25(1 -B), 26 and 27 of the Arms Act and took up investigation of the case, prepared inquest report seized the bloodstained soils and arms from the place of occurrence to submit charge -sheet against the appellant. The trial of the appellant was committed to the Court of Sessions where charges as mentioned above were framed against him on 17.2.2002. The appellant pleaded not guilty and claimed innocence. However, the trial Court after examining the witnesses found and held the appellant guilty under aforesaid sections and sentenced him as stated above.;