- (1.) THIS appeal is directed against the judgment and order passed by 8th Additional Sessions Judge, Hazaribagh in Sessions Trial No.183 of 2001 whereby the trial court having found the appellant guilty for the offences under sections 302/149, 307/149 as well as under section 353 of the Indian Penal Code as also under section 17 of the Criminal Law Amendment Act, sentenced him to undergo imprisonment for life for the offence under section 302/149 of the Indian Penal Code, rigorous imprisonment for seven years for the offence under section 307/149 of the Indian Penal Code and further rigorous imprisonment for six months each for the offence under section 353 of the Indian Penal Code and under section 17 of the Criminal Law Amendment Act. All the sentences were ordered to be run concurrently.
(2.) THE case of the prosecution is that Jyoti Prakash (P.W.8) posted as Officer -in -Charge of Chauparan police station received a secret information at about 2.50 P.M. on 25.6.2000 that some of the accused of Chauparan P.S. case no.22 of 2000 have assembled at Harijan Tola at village Nawagarh. On getting this information, the Officer -in -Charge proceeded to village Nawagarh along with Sub -Inspector Parmeshwar Prasad (P.W.7), Havindar Ramwshish Ram (P.W.2) Constable Arun Kumar Rai (P.W.1), Mahesh Kumar (P.W.9), Israr Khan (P.W.11), Amir Das (P.W.12), Shivji Singh (P.W.13) as well as three choukidars including Degam Paswan (P.W.5) and the deceased Chhotelal Paswan. After reaching village Nawagarh, they all got down from the Jeep and proceeded towards Harijan Tola. Meanwhile, they saw 8 -10 persons coming from southern direction who finding the police over there started rushing towards forest by resorting to firing. Upon which, the informant Jyoti Prakash (P.W.8) and others asked them as to why they are resorting to firing to which they replied that they are members of the MCC. Thereafter the police party also started resorting to firing. In that process of firing and cross -firing, Choukidar Chhotelal Paswan (deceased) sustained injury and then Sub -Inspector, Parmeshwar Prasad (P.W.7) on being asked by the informant took him to Hospital. After a while, when the miscreants stopped firing, raiding party proceeded ahead towards forest and saw one person taking away the injured having stengun with him on his shoulder. Thereafter the said person was apprehended, who disclosed his name as Sheo Prasad Yadav (the appellant). On search being made, 42 rounds of cartridges were found from the possession of the injured, whose name was disclosed by the appellant as Raj Kumar Bhuiyan @ Guptajee. The said stengun and the cartridges were seized by the informant under Ext.2. Thereafter the appellant as well as injured were brought to Sadar Hospital, Hazaribagh where they found Choukidar Sheo Kumar Paswan dead. Thereupon the police officer, who was deputed at the Hospital held inquest on the dead body of both the deceases and prepared inquest report.
(3.) MEANWHILE Jyoti Prakash (P.W.8) recorded his fardbeyan (Ext.3) himself at about 6.30 P.M. at Sadar Hospital, Hazaribagh. The matter was taken up for investigation by the Investigating Officer, who sent the dead bodies for post mortem examination which was conducted by Dr.Nidhish Saran (P.W.10). On holding autopsy, Doctor did find gunshot injury on the person of the deceased Raj Kumar Bhuiyan @ Guptajee and also on the person of the Choukidar Chhotelal Paswan and accordingly, issued post mortem reports (Exts. 4 and 4/1).;