Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.473 of 2005 ------- Against the judgment of conviction dated 08.06.2005 and order of sentence dated 10.06.2005 passed by Sri Kameshwar Nath Rai, Additional Sessions Judge, Fast Track Court No.III, Rohtas at Sasaram in Sessions Trial No. 322 of 2004/52 of 2004. =============================================== Umesh Lohar son of Late Sitaram Lohar, resident of village Parta,P.S.Haider Nagar, District Palamau (Jharkhand) .... Appellant/s Versus The State Of Bihar .... Respondent/s =============================================== Appearance : For the Appellant/s: Mr. Suresh Tiwari,Advocate For the Respondent : Mr.Ashwini Kumar Sinha,APP ==================== CORAM:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA) Date: 30-07-2012 ---------- The sole appellant Umesh Lohar has filed this appeal against the judgment dated 8th June, 2005 passed by Additional Sessions Judge, Fast Track Court No.III, Rohtas at Sasaram in Sessions Trial No. 322 of 2004 by which the appellant has been convicted under [STATUTE] and 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life under [STATUTE] and to Patna High Court CR. APP (DB) No.473 of 2005 dt.30-07-2012 2 undergo further rigorous imprisonment for five years under Section 27 of the Arms Act by order dated 10.06.2005. Both the sentences were ordered to run concurrently. 2. Uma Devi (P.W.6) made her statement before the police on 13.02.2004 at 9.30 A.M. to the effect that at preceding 6.30 P.M. while she was cooking food in her courtyard and Chanri Kuwar (deceased) was sitting there, nephew of Chanri Kuwar namely, the appellant Umesh Lohar, arrived and asked Chanri Kuwar to accompany him for cancelling the sale deed. Her denial enraged Umesh Lohar who picked up a pistol and fired by putting the barrel of the same upon the neck of Chanri Kuwar who fell down and succumbed to her injury. Umesh Lohar retreated from there. After hearing the firing shot and cry of the informant, the informant’s husband Buchun Sharma (P.W.1), brother of her father-in-law Jai Sharma (P.W.3), Lalita Devi (P.W.4) and others came. The deceased Chanri Kuwar was issueless and she was residing in her parental house. Her parents were already dead. Chanri Kuwar had taken full care of Umesh Lohar. Patna High Court CR. APP (DB) No.473 of 2005 dt.30-07-2012 3 Chanri Kuwar has vended some land. Umesh Lohar was desirous that she should cancel the sale deed in the court which was executed by her but she did not agree. For that reason Chanri Kuwar was shot dead. Fardbeyan of the informant was recorded by Sri Ram Pravesh Kumar, S.I. of Nauhatta police station. Formal F.I.R. vide Nauhatta P.S.Case No. 0004 of 2004 under [STATUTE] and 27 of the Arms Act was drawn. The investigation of the case proceeded and after completion of investigation, police submitted chargesheet. Thereafter, the case was committed to the court of sessions where charges under [STATUTE] and 27 of the Arms Act were framed and the same were explained to the accused person who pleaded innocence. Hence trial proceeded. 3. The defence of the accused was of false implication. 4. In order to substantiate its case, the prosecution has examined ten witnesses. They are : P.W.1 Buchun Sharma, P.W.2 Ram Narayan Lal, P.W.3 Jay Sharma, P.W.4 Lalita Devi, P.W.5 Ashmira Devi, Patna High Court CR. APP (DB) No.473 of 2005 dt.30-07-2012 4 P.W.6 Uma Devi who is informant of the case, P.W.7 Nand Kumar Prasad, P.W.8 Sitaram Kahar, P.W.9 Dr.Parshuram Bharti who held autopsy over the dead body of the deceased and P.W.10 Ram Pravesh Kumar who is Investigating Officer of the case. 5. The trial court after hearing learned counsel for the parties and considering the evidences on record came to the conclusion that the prosecution has been able to prove the charges beyond the shadow of all reasonable doubts and convicted and sentenced the accused, as stated above. 6. This Court is required to reappraise the evidences on record and to see as to whether there were materials available on the record to prove the charges against the appellant beyond the shadow of all reasonable doubts or not. 7. P.W.1 Buchun Sharma is hearsay witness who has deposed that at 6.30 P.M. on 12.02.2004 while he was sitting at his Chaupal, he heard sound of firing coming from his house. Immediately he rushed towards his house and reached in the Angan and saw his wife was saying Patna High Court CR. APP (DB) No.473 of 2005 dt.30-07-2012 5 that Chanri Kuwar had been shot dead. The informant and others tried to chase the assailant but assailant succeeded in escaping. This witness is not a witness of occurrence but has come immediately at the place of occurrence. 8. P.W.2 Ram Narayan Lal in his evidence has stated that while he was at his Khalihan, he heard sound of firing and cry in the name of thief. This witness has stated that the informant started chasing the assailant but the assailant succeeded in escaping. This witness came at the place of occurrence immediately after the occurrence but he has not supported the prosecution allegation with regard to the assailant. 9. P.W.3 Jay Sharma has stated that he came to the place of occurrence after hearing sound of firing and found Chanri Kuwar dead and he was told by Uma Devi (P.W.6) that Umesh shot Chanri Kuwar. This witness is not a witness of the occurrence but immediately after occurrence he reached at the place of occurrence. At that moment, he was narrated that firing shot of the appellant caused killing of Chanry Kuwar, who was issueless. Patna High Court CR. APP (DB) No.473 of 2005 dt.30-07-2012 6 10. P.W.4 Lalita Devi and P.W.5 Ashmira Devi have been declared hostile as they have not supported any part of the allegation. P.W.7 Nand Kum

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.