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2019 Supreme(Jhk) 1432
IN THE HIGH COURT OF JHARKHAND AT RANCHI
H.C. Mishra, Amitav K. Gupta, JJ.
Parvez Alam @ Haider @ Tikra - Appellant
Versus
State Of Jharkhand - Respondent
Criminal Appeal No. 931 of 2010
Decided On : 29-01-2019
Arwind Kumar, Adv., Arun Kumar Pandey, Adv.
The main legal point established is the reliance on witness testimony, recovery of incriminating items, and absence of material contradictions to establish guilt beyond reasonable doubt.
Headnote:
Conviction - Indian Penal Code - Sections 302, 392, 411, and Arms Act - Section 27
Fact of the Case:
The appellant was convicted for the offences under Sections 302, 392, 411 of the Indian Penal Code and under Section 27 of the Arms Act for a crime involving shooting, looting, and possession of firearms. The prosecution's case was based on the testimony of police personnel and the recovery of incriminating items from the appellant's possession.
Finding of the Court:
The court found the appellant guilty of the charged offences based on the testimony of witnesses, including the informant and police personnel, and the recovery of incriminating items. The court dismissed the appellant's arguments challenging the evidence and upheld the judgment of conviction and sentence.
Issues: The issues involved the credibility of witnesses, the recovery of incriminating items, and the sufficiency of evidence to establish the charged offences.
Ratio Decidendi: The court relied on the testimony of witnesses, the recovery of incriminating items, and the absence of material contradictions to establish the appellant's guilt beyond reasonable doubt.
Final Decision: The appeal was dismissed, and the appellant was ordered to undergo the sentence as per the original judgment of conviction and sentence.
JUDGMENT
1. Heard learned counsel for the appellant and learned counsel for the State.
2. The sole appellant Parvez Alam @ Haider @ Tikra is aggrieved by the judgment of conviction and order of sentence dated 19th of August, 2010 and 27th of August, 2010, respectively, passed by the learned Sessions Judge, Dhanbad, in Sessions Trial No.99 of 2008, whereby the appellant-accused has been sentenced to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code and to pay a fine of Rs.5000/- and in default thereof to undergo further imprisonment for 3 months and sentenced to undergo R.I. for 5 years for the offence under Section 392 of the Indian Penal Code and 2 years for the offence under Section 411 of the Indian Penal Code and 3 years for the offence under Section 27 of the Arms Act.
3. The FIR was drawn on 10.10.2007 at 3:00 P.M., on the basis of self-recorded statement of Sub-Inspector (for short S.I.), Sridev Upadhyay (P.W.-10), the Officer-in-charge of Katras Police Station, District-Dhanbad, wherein it is narrated that while he alongwith S.I., Rabindra Kumar Singh (P.W.-3), S.I Narendar Prasad Singh (P.W.-2) and other police personnel were returning from Katras College, where they had been deputed to maintain the law and order on the occasion of oath taking ceremony of the elected candidates of the Student Union, and when they reached at Bhagat Singh Chowk at around 14.10 hours, then they heard sound of gunshot firing coming from the direction of Katras-Rajganj road. Whereupon, he along with the police personnel proceeded in the said direction, and when they reached at the junction of the road leading towards Lakshmi Talkies, they saw a person lying on the road in a pool of blood. They saw people chasing the criminals. The police personnel also joined the chase and one criminal carrying a black bag on his shoulder was apprehended who disclosed his name as Parvez Alam and stated that he had shot the man and looted the bag and his companions Subodh Mandal and Soni @ Sohail had managed to escape on a Hero Honda motorcycle. Thereafter, in the presence of two independent witnesses namely, Mahesh Pramanik (P.W. 4) and Ranjit Jaiswal (P.W. 7), the black bag was opened which contained currency notes amounting to Rs.45,000/- (forty five thousand), train tickets and other articles. On search of the body of Parvez Alam a country made pistol with a fired .32 cartridge and two live .32 cartridges, a mobile phone and currency notes amounting to Rs.865/-, etc. were found and seized. The seizure list was prepared on which the accused Parvez put his signature. The deceased, who suffered gunshot injuries, was identified by the people present there as Anwar Hussain, the ''munshi'' of Grand Shoe Company.
The persons present on the spot disclosed that the deceased was shot by the criminals, Parvez Alam, Subodh Mandal and Soni as he had resisted the looting and snatching of the bag. The deceased died on the spot due to the bullet injury.
4. On the basis of the said written report Katras P.S. Case No. 29 of 2007, corresponding to G.R. No.3131 of 2007 was registered. On completion of investigation charge-sheet was submitted against the appellant Parvez Alam and three other persons. Cognizance was taken whereafter the case was committed to the Court of Sessions.
5. The Court of Session heard the accused persons on the point of charge and framed the charges under Sections 302, 394 read with Section 34 and 411 of the Indian Penal Code (for short I.P.C) and 27 of the Arms Act against the accused, to which they pleaded not guilty and claimed to be tired.
6. During the trial the prosecution examined altogether 12 witnesses namely;
P.W. 1, Dr. Shailendra Kumar.- proved the post-mortem report marked Ext.3.
P.W. 2, Narendra Kumar Singh- proved the inquest report-Ext.2.
P.W. 3, Ravindra Kumar Singh-proved Ext.3, the challan whereby the dead body was sent for post-mortem.
P.W. 4, Mahesh Pramanik, who admitted his signature (Ext. 4) on t
