RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

1. Heard Mr. Kamdeo Pandey, learned counsel appearing for the appellant and Mrs. Priya Shrestha, learned Spl.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 02.03.2022 (sentence passed on 05.03.2022) passed by Sri Soumendra Nath Sikdar, learned Additional Sessions Judge-V, Giridih in Sessions Trial No. 54 of 2014, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302/34 of the Indian Penal Code (IPC) and Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 10,000/- and in default in payment of fine to undergo simple imprisonment for 6 months.

3. The prosecution case arises out of the written report of Mamta Devi in which it has been stated that on 11.03.2009 at 5 p.m. while the informant and her family members were celebrating Holi, several persons on a Commander Jeep, namely, Charku Yadav, Kartik Yadav, Jageshwar Yadav, Bhuneshwar Yadav, Prakash Yadav, Narayan Yadav, Ramchandra Yadav, Budhan Yadav, wife of Jageshwar Yadav, Dhaniya Devi, Ruplal Yadav and Ashok Yadav came and attacked the informant party. The accused persons were armed and they started abusing the family members of the informant at which her husband and two brother-in-laws rushed inside the house. The accused persons chased them to the roof of the house. The informant also followed them and saw Charku Yadav with a pistol in his hand firing at her husband, Budhan Yadav fired at Prasadi Yadav, the brother-in-law of the informant and Bhuneshwar Yadav had fired at her brother-in-law Uttam Yadav. The other accused persons were catching hold of the victims. There was a land dispute between both the sided.

Based on the aforesaid allegations, Dumri P.S. Case No. 13/2009 was instituted u/s 302/34 IPC and Section 27 of the Arms Act. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 64 of 2014. Charge was framed against the accused for the offence punishable u/s 302/34 of the I.P.C. and Section 27 of the Arms Act which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eleven (11) witnesses in support of its case.

P.W. 1-Ishwar Yadav has stated that he was in his house on 11.03.2009 when at 5 p.m. 20-21 persons came on a Commander vehicle and started using abuses. Uttam Yadav, Prasadi Yadav and Ramu Yadav went inside their house and started going towards the roof. The accused persons followed them to the roof and Bhuneshwar Yadav fired at Uttam Yadav, Charku fired at Ramu Yadav and Budhan Yadav fired at Prasadi Yadav.

In cross examination he has deposed that there was a land dispute between both the side. He does not have any enmity with the accused persons. He also has a share in the disputed property. At the time of the incident, he was also on the roof, but he did not suffer any firearm injury.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfPFAc0CaM99pfkLfeVv56C8lTfWP1TnGouUYXsi8MyMH&caseno=Cr.A(DB)/370/2022&cCode=1&cino=JHHC010126222022&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.