Surendera Mishra vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(SC) 22

Surendera Mishra – Appellant
Versus
State of Jharkhand – Respondent

Advocates Appeared:
For the Appellant:Tanmaya Agarwal and Dr. Kailash Chand, Advocates. For the Respondent:D.N. Goburdhan (N.P.), Advocate.

Judgment :

CHANDRAMAULI KR. PRASAD, J.

1. Sole appellant was put on trial for commission of the offence under Section 302 of the Indian Penal Code as also Section 27 of the Arms Act. The trial court held him guilty on both the counts and sentenced him to undergo imprisonment for life under Section 302 of the Indian Penal Code but no separate sentence was awarded under Section 27 of the Arms Act. His conviction and sentence has been upheld by the High Court in appeal and hence the appellant is before us with the leave of the Court.

2. According to the prosecution, on 11th of August, 2000 the deceased Chandrashekhar Choubey was going in a car driven by PW.1, Vidyut Kumar Modi and when reached Chas Nala crossing, he asked the driver to stop the car and call Shasdhar Mukherjee (PW.2), the owner of Sulekha Auto Parts. As directed, the driver called said Shasdhar Mukherjee and the deceased started talking to him from inside the car. According to the prosecution all of a sudden the appellant, the owner of the Medical Hall came there with a country-made pistol, pushed Shasdhar Mukherjee aside and fired at point-blank range at the deceased. The driver fled away from the place of occurrence a

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