IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.367 of 2016

Arising Out of PS. Case No.-124 Year-2011 Thana- KOCHAS District- Rohtas

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Vikash Ranjan Singh @ Golu, Son of Sri Devendra Kumar Singh, Resident of

Village - Jagdeo Nagar, Railway Gumti, P.S. - Nawada, District - Bhojpur

Ara.

... ... Appellant

Versus

The State of Bihar

... ... Respondent

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Appearance:

For the Appellant

:

Mr. Kanhaiya Prasad Singh, Senior Advocate

Mr. Jay Prakash Singh, Advocate

Mr. Shambhu Sharan Singh, Advocate

For the Respondent

:

Ms. Shashi Bala Verma, APP

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

and

HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)

Date: 04-03-2022

This appeal is directed against the impugned

judgment of conviction dated 15.03.2016 and order of sentence

dated 21.03.2016 passed by the learned Additional Sessions

Judge-VIII, Rohtas at Sasaram (hereinafter referred to as the

‘Trial Court’) in Sessions Trial No.243 of 2013 arising out of

Kochas P.S. Case No.124 of 2011 whereby and whereunder the

sole appellant has been convicted for the offences punishable

under Sections 302/34, 394 and 411 of the Indian Penal Code

(for short ‘IPC’) and consequently, sentenced to undergo

rigorous imprisonment for life and a fine of Rs.10,000/- and in

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default of payment of fine to undergo rigorous imprisonment for

a further period of six months under Section 302/34 of the IPC,

rigorous imprisonment for ten years and fine of Rs.5,000/- and

in default of payment of fine to undergo rigorous imprisonment

for a further period of three months for the offence punishable

under Section 394 of the IPC and rigorous imprisonment for two

years under Section 411 of the IPC. All the sentences have been

ordered to run concurrently.

2.

The prosecution case is based on the self-statement

of one Rajiv Nayan Kumar Singh (P.W.8), the Officer-in-charge

of Kochas Police Station recorded on 12.12.2011 at 3:30 pm at

NH-31 alleging therein inter alia that on 12.12.2011 at about

2:30 pm while he was on patrolling duty along with Sitaram

Bhagat, an Assistant Sub Inspector of Police and home guard

jawans namely Lalan Ram, Fulendra Kumar, Sanjiv Kumar and

Om Prakash, he heard sound of firing from the eastern side and

a hulla was raised that someone has sustained injury in the

firing. Immediately, he proceeded towards that direction and

saw a person lying on the road in front of the Girl’s High

School. He got down from his jeep and on physical examination

found the person lying on the road dead. He had sustained

gunshot injury in his head. The local people disclosed that the

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killers had come in a white Scorpio vehicle bearing Registration

No. UP-67H-4188. They threw the body of the driver after

killing him and sped away with the vehicle towards the eastern

direction. He deputed the home guard, Sanjiv Kumar near the

dead body and proceeded towards the direction in which the

miscreants had gone. After reaching at some distance, near

Nowan College turning, he saw that the villagers had blocked

road and got the Scorpio vehicle stopped. They started

assaulting the three occupants of the Scorpio vehicle. He

rescued them with the help of the members of the patrolling

party and interrogated them. The person occupying the driving

seat disclosed his name as Vikash Ranjan @ Golu son of

Devendra Kumar Singh (appellant) the other person occupying

the front seat of the vehicle disclosed his name as Bittu Kumar

son of Krishna Paswan and the person occupying the rear seat

disclosed his name as Ritesh Kumar @ Chhotak son of

Chitr