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2017 Supreme(Pat) 1299
IN THE HIGH COURT OF JUDICATURE AT PATNA
PRAKASH CHANDRA JAISWAL, J.
Ashok Kumar Gautam, Son of Kameshwar Ram - Appellant
Versus
State of Bihar - Respondent
Criminal Appeal (SJ) No. 534 of 2002
Decided On : 30-11-2017
For the Appellants : Mr. Bhagya Narayan Jha
For the Respondents: Mr. Sujit Kumar Singh
Admissibility of confessional statement and assessment of intention and use of firearm in determining the charges under the Indian Penal Code and Arms Act.
Headnote:
Confessional Statement - Criminal Appeal - Indian Penal Code, Section 304(A), Arms Act, Section 27 - The court discussed the admissibility of the confessional statement, the intention of the accused, and the use of the firearm, leading to the acquittal under Section 27 of the Arms Act and conviction under Section 304A of the Indian Penal Code.
Fact of the Case:
The case involved the conviction of the accused under Section 304(A) of the Indian Penal Code and Section 27 of the Arms Act for a shooting incident during a dance event, resulting in the death of the victim.
Finding of the Court:
The court acquitted the accused under Section 27 of the Arms Act but upheld the conviction under Section 304A of the Indian Penal Code. The sentence was reduced to the period of custody already undergone by the appellant.
Issues: The key issue was whether the prosecution had proven the charges against the appellant beyond reasonable doubt.
Ratio Decidendi: The court considered the admissibility of the confessional statement, the intention of the accused, and the use of the firearm in reaching its decision.
Final Decision: The appellant was acquitted under Section 27 of the Arms Act and convicted under Section 304A of the Indian Penal Code. The sentence was reduced to the period of custody already undergone by the appellant.
Prakash Chandra Jaiswal, J.
Heard learned Amicus Curiae for the appellant as well as learned APP for the State on this criminal appeal.
2. This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 13.08.2002 passed by Additional Court No.1 (Fast Track Court), Sasaram in Sessions Trial No. 469 of 2001/8 of 2002 arising out of Sasaram (Darigaon) P.S. Case No. 82 of 2001, whereby the learned trial court convicted the accused Ashok Kumar Gautam for the offence punishable under Section 304 (A) of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo R.I. for two years for the offence under Section 304(A) of the Indian Penal Code and further sentenced him to undergo R.I. for three years for the offence under Section 27 of the Arms Act. Both the sentences were directed to run concurrently.
3. Factual matrix of the case is that Sasaram (Darigaon) P.S. Case No. 82 of 2001 was instituted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act against unknown miscreants on the basis of the fardbeyan of one Narayan Ram, Son of Late Motilal Ram, resident of Village-Barui, P.S. Darigaon, District-Rohtas recorded by S.I. N.C. Das, I/c Darigaon P.S. on 09.02.2001 at 08:45 PM at the house of Hari Ram at Sasaram Jagdeonagar Baulia Road with the allegation in succinct that on 08.02.2001, son of the cousin of his son-in-law, namely, Pintu @ Kumar Gautam along with his son Hari Shankar had gone to see the dance organized on the occasion of Ravi Das Jayanti in the village. He also went there. In the course of event of dance, he listened a firing sound. There was stampede near the stage. After a short while, he listened that Pintu @ Kumar Gautam had sustained bullet injury. He and others rushed near the stage and found him lying there sustaining fire arm injury. They rushed him to Sasaram to accord him medical aid, but he succumbed to his injury on the way to hospital.
4. Aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge-sheet against the accused Ashok Kumar Gautam under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
5. On receiving the charge-sheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence and committed the case to the court of sessions and on transfer finally the case came in the seisin of Additional Court No.1 (Fast Track Court), Sasaram for trial.
6. Charge against the said accused was framed under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Charges were read over and explained to him to which he pleaded not guilty and claimed to be tried.
7. To substantiate its case, in ocular evidence, the prosecution has examined altogether thirteen prosecution witnesses namely, Mahendra Ram as PW-1, Santosh Kumar as PW-2, Bahadur Ram as PW-3, Fekan Ram as PW-4, Hari Ram as PW-5, Pintu Kumar, Son of Mahavir Ram as PW-6, informant Narayan Ram as PW-7, Nathuni Ram as PW-8, Awadh Bihari Chaudhary as PW-9, Dr. Shree Bhagwan Singh as PW-10, Ramayan Ram as PW-11, Ganga Ram as PW-12 and I.O. Navin Chandra Das as PW-13. Out of the aforesaid witnesses, PWs-1, 2, 6, 8, 9 and 11 turned hostile. The prosecution has also filed and proved several documents by way of documentary evidence.
8. Statement of the accused was recorded under Section 313 of the Code of Criminal procedure. The case of the defence is complete denial of the occurrence claiming himself to be innocent and falsely implicated in the case. In buttress of his case, he has filed and proved two documents which are confessional statement of the accused marked as Exhibit-A and certified copy of the order sheet of B.P. 224A of 2001 marked as Exhibit-B.
9. After hearing the parties and perusing the record, the learned trial court passed the aforesaid Judgment and Order of conviction and sentence as detailed in the earlier paragraph.
10. Being aggrieved and dissatisfi
