- (1.) THE appellant was put on trial along with 9 accused persons for committing murder of one Umesh Sharan, Chief Executive -cum -Personnel and Administrative Officer of Menally Bharat Industries, Kumardubi in furtherance of their common intention after hatching conspiracy and also for causing disappearance of the evidence of the murder in order to screen themselves from the legal punishment.
(2.) THE trial court having found the appellant guilty for the offences under Sections 302/34/201 and also under Section 120(B) of the Indian Penal Code sentenced him to undergo imprisonment for life for each of the offences under Sections 302/34 and 120(B) of the Indian Penal Code and further to undergo rigorous Imprisonment for a period of 5 years under Section 201 of the Indian Penal Code. Both the sentences were ordered to be run concurrently. The case of the prosecution is that on 23.3.1986 at about 7.30 A.M. the deceased Umesh Sharan, Chief Executive -cum -Personnel and Administrative Officer of Menally Bharat Industries, Kumardubi had come to Rekhrai Automobile Service Station for servicing of his car. When the car was put for servicing, Umesh Sharan sat in the office of the said service station. Meanwhile, Nirmal Singh (P.W.2) son of the owner of the Petrol Pump and other employees of the service station when were engaged in providing fuel to customers, they heard four shots of firing, upon which Nirmal Singh saw 3 -4 persons coming out of the office of the Petrol Pump. All of them fled away. Thereupon Nirmal Singh saw Umesh Sharan under the pool of blood and, therefore, he took Umesh Sharan to Das Nursing Home by a car. Meanwhile, Gadadhar Tanti (P.W.22) the then Officer -in -Charge of Chirkunda Police Station on getting information that some body has shot at Umesh Sharan in the Petrol Pump, he made entry in the Station Diary and rushed to Petrol Pump but there he could know that Umesh Sharan has been shifted to Das Nursing Home at Sheolibari, Chirkunda and hence, he came over there and found the injured being provided with first aid. But when his condition got deteriorated, he was sent to Sub -divisional Hospital, Asansol and one A.S.I Ramdeo Giri was asked to accompany him. After giving such instruction to A.S.I, Gadadhar Tanti came back to service station and recorded the Fardbeyan (Ext.3) of Nirmal Singh (P.W.2), upon which formal first information report (Ext.8) was registered. The said Gadadhar Tanti (P.W.22) himself took up the investigation of the case. In course of investigation, he seized broken spectacle and also fired cartridge under seizure list (Ext.4). Later on, he received inquest report (Ext.5), dead body challan (Ext.6) and even photo copy of the post mortem report (Ext.7) from Sub -divisional Hospital, Asansol. According to post mortem report conducted by Dr. R.R. Mukherjee (P.W.23) firearms injuries were found over the chest, abdomen and thigh. Some of the injuries were found charred and the Doctor had recovered cartridges from the aforesaid injuries.
(3.) IN course of investigation, the Investigating Officer on 29.3.1986 arrested the appellant, who confessed his guilt before him. Therefore, the appellant was forwarded before the Magistrate on 30.3.1986 for recording his confession. Accordingly, Sri R.R.P. Deo (P.W.1) the then Judicial Magistrate, Dhanbad recorded his confession (Ext.1) under Section 164 of the Code of Criminal Procedure on 31.3.1986.;