Anant Bijay Singh, J. - (1.) Sole appellant has faced the trial in Sessions Trial No.513 of 2007 before the court of Ms. Babita Prasad, Additional Judicial Commissioner, Fast Track Court No.X, Ranchi whereby vide judgment of conviction dated 24.07.2010, the learned Sessions Judge held the appellant guilty under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs.2000/ and further sentenced to undergo rigorous imprisonment for five years and fine of Rs.1000/ under Section 27(1) of Arms Act and both the sentences shall run concurrently.
(2.) The appeal was filed on 14.01.2011 and it was Admitted for hearing on 28.02.2011 and Lower Court Records was called for.
(3.) The case of prosecution as unfolded in the fardbeyan of P.W.1 Md. Yusuf which was recorded by S.I. Rajesh Mandal at 14.00 hours is that on 04.01.2007 in the morning at 9.00 he left his house for going to his shop and he asked his son Imteyaj @ Monu (deceased) to come at the shop later but his son did not come. It is further alleged that after waiting for sometime, he went to Kanta Toli Chowk for purchasing some goods and when returned from market he came to know that his son Imteyaz @ Monu received injury and on that information he went to Sujata Cinema Hall and came to know that at 11.30 a.m. there was quarrel with his son and Babban regarding money whereupon Babban took out pistol to kill his son. His son tried to run away but Babban fired shot upon him whereupon the victim was taken to RIMS and during treatment he died. The informant narrated in his fardbeyan that gun shot was fired from close range. Accordingly, on 04.01.2007 Chutia P.S. Case No.01 of 2007 under Section 302 IPC and Section 27 of Arms Act was instituted. The charges were framed against the appellant on 19.02.2008 under Section 302 IPC and it appears that during course of trial altogether six witnesses have been examined. P.W.1 Md. Yusuf @ Nathu is informant of this case and eye witness of the occurrence, P.W.2 Sakib Alam is also eye witness of the occurrence, P.W.3 is Dr. Tulsi Mahto who conducted postmortem examination on the dead body of the deceased, P.W.4 Chandra Shekhar Jha, P.W.5 Chandra Mohan Jha and P.W.6 is Dushyant Jaiswal who is owner of Sujata Cinema Hall. Ext. 1 is signature of informant on fardbeyan, Ext.1/1 is signature of informant on inquest report and Ext.2 is postmortem report.;