Sheo Shankar Singh vs State Of Jharkhand & Anr

2. Briefly stated the prosecution case is that on 14th April, 2000, the deceased-Shri Gurudas Chatterjee, a sitting member of Jharkhand State Legislative Assembly was returning to Nirsa from Dhanbad riding the pillion seat of a 3 motorcycle that was being driven by the first informant Apurba Ghosh, examined at the trial as PW 16. At about 2.45 p.m. when the duo reached a place near Premier Hard Coke, Apurba Ghosh, the informant heard the sound of a gunshot from behind. He looked back only to find that appellant-Sheo Shankar Singh was driving a black motorcycle on the left of the informant with an unknown person, later identified as Umesh Singh, sitting on the pillion seat carrying a pistol in his hand. Umesh Singh, the pillion rider, is alleged to have fired a second time from close range which hit the deceased-Gurudas Chatterjee in the head, who slumped on the back of the informant thereby disturbing the balance of the motorcycle and bringing both of them to the ground. The motorcycle driven by Sheo Shanker Singh was stopped by him a little ahead whereupon Umesh Singh the pillion rider got down; walked back to the place where the deceased had fallen, abused the informant verbally and asked him to run away from there failing which even he would be killed. So threatened the informant hurried away 4 from the spot whereupon Umesh Singh-appellant fired a third bullet at the deceased, pushed his dead body down the side slope of the road, walked back to the motorcycle whose engine was kept running by Sheo Shankar Singh and fled towards Nirsa. Some people are said to have run towards them but were scared away by Umesh Singh with the gun. The motorcycle did not have a registration number. A crowd is said to have gathered on the spot that included Abdul Kudus Ansari (PW1) and Lal Mohan Mahto (PW2) who disclosed that they had seen Sheo Shankar Singh and one unknown person moving on a motorcycle without a registration number sometime before the occurrence.

3. On hearing a rumour about the killing of the deceased MLA, Sub Inspector of Police Ramji Prasad (PW17) rushed to the spot and recorded the statement of Apurba Ghosh (PW16) in which the informant narrated the details of the incident as set out above. The statement of Apurba Ghosh constituted the First Information Report in the case which 5 was signed not only by Apurba Ghosh but also by Abdul Kudus Ansari (PW1) and Lal Mohan Mahto (PW2). Based on the said statement/FIR a case under Section 302/34 and 120B of IPC and Section 27 of the Arms Act was registered in Police Station Govindpur and the investigation commenced.

4. In the course of the investigation an inquest report was prepared by BDO, Shishir Kumar Sinha, while the investigating officer seized two empties of 9 M.M. bullet engraved with "HP 59/2" at the bottom from the spot, apart from the red Hero Honda splendour motorcycle bearing registration No. WB 38 E 7053 on which the deceased was travelling at the time of occurrence. Blood-stained T Shirt and a light blue coloured jeans worn by Apurba Ghosh were also seized, besides blood-stained earth from the place of occurrence.

5. On 15th April, 2000 investigation was taken over by Shri Raja Ram Prasad (PW18) who on 16th April, 2000 seized the black coloured Bajaj Caliber motorcycle allegedly being driven by appellant-Sheo Shankar Singh at the time of the commission of the offence. In addition, a Test Identification Parade was got conducted in which Abdul Qudus Ansari (PW1) identified the accused appellant-Umesh Singh. After completion of the investigation a charge-sheet was eventually filed against the accused persons for offences punishable under Section 302/34/120B and 201 of the Indian Penal Code. Appellant-Umesh Singh was further charged with an offence punishable under Section 27 of the Arms Act. The accused were committed to the Court of Sessions at Dhanbad who made the case over to the Court of Additional Sessions Judge XIII, Dhanbad for trial before whom the accused pleaded not guilty and claimed a trial.

6. At the trial the prosecution examined 20 witnesses while the accused remained content with two in defence. 7 The trial court by its judgment dated 18th November, 2003 found the appellants Sheo Shankar Singh and Umesh Singh guilty of the charges under Section 302/34 IPC. Appellant- Umesh Singh was further held guilty of the charge under Section 27 of the Arms Act. Out of the remaining six accused persons, the trial court found Narmedeshwar Pd. Singh @ Chora Master, Bijay Singh and Md. Nooren Master guilty of the charge under Section 302 read with Section 120B of the IPC. Accused Uma Shankar Singh, Premjee Singh and Md. Zahid were, however, acquitted for insufficiency of evidence against them.

8. Aggrieved by their conviction and sentence, the appellants herein and the other three convicts filed criminal appeals No.43 and 78 of 2004 before the High Court of Jharkhand at Ranchi. Criminal Revision Petition No.135 of 2004 was filed by Apurba Ghosh against the acquittal of accused Uma Shankar Singh, Premjeet Singh and Md. Zahid, while Criminal Revision Petition No.136 of 2004 prayed for enhancement of the sentence imposed upon the appellants from life to death.

9. By the judgment and order impugned in these appeals the High Court acquitted Narmedeshwar Pd. Singh @ Chora Master, Bijay Singh and Md. Nooren Master and allowed criminal appeals No.43 and 78 to that extent. The conviction of appellants Sheo Shankar Singh and Umesh Singh was upheld by the High Court and the sentence imposed upon 9 them enhanced to the sentence of death by hanging. Criminal Revision Petition No.135 of 2004 against the acquittal of Uma Shankar Singh, Premjeet Singh and Md. Zahid was, however, dismissed and their acquittal affirmed. The present appeals assail the correctness of the said judgment and order as noticed above.

15. Depositions of Apurba Ghosh (PW16), Aamlal Kisku (PW15) and Arup Chatterjee (PW19) are relevant on the question of motive and may be briefly discussed at this 16 stage. Arup Chatterjee (PW19) happens to be the son of the deceased Gurudas Chatterjee. According to this witness the appellants and most of their family members constitute what is described by him as "coal mafia" of Dhanbad whom the deceased used to fight, with the help of the police and administration to prevent the theft of coal in the region. The witness further states that Aamlal Kisku had a petrol pump situate at Belchadi, which petrol pump was given by Shri Kisku to the accused-Sheo Shanker Singh for being run. Aamlal Kisku being an illiterate adivasi was, according to the witness, being kept as a bonded (bandhua) labourer by the appellant on payment of Rs.30/- per day. The witness further states that Aamlal Kisku approached the deceased for help and the later with the help of police and administration got the ownership of the petrol pump restored to Shri Kisku. Both these steps namely prevention of theft of coal in the region and restoration of the petrol pump to Aamlal Kisku annoyed the appellant-Sheo Shanker Singh, for which reason the deceased was done to death 17 after he had won his third consecutive election to the State Assembly.

17. Aamlal Kisku (PW15) has, in his deposition, stated that he owns a petrol pump in Belchadi which was allotted to him 18 out of the Advasi quota. Since he was not familiar with the business in the sale of oil and lubricants he had taken help from Narmedeshwar Pd. Singh and Sheo Shanker Singh. Subsequently Sheo Shanker Singh-appellant started treating him like a labourer and did not render any accounts regarding the petrol pump. He, therefore, made complaints to the company and approached late Gurudas Chatterjee MLA, and it was after long efforts that the petrol pump was restored to the witness. Sheo Shankar Singh and Narmedeshwar Pd. Singh had extended threats to him regarding which he had informed the police.

19. Apurba Ghosh (PW16) apart from being an eye-witness to the incident also mentions about a petrol pump situated on G.T. Road at Nirsa owned by a person belonging to Scheduled Tribe community but was being run by Narmedeshwar Pd. Singh illegally. The deceased fought against them with the help of Police and local administration because of which the ownership of the petrol pump was got restored to the owner concerned. The witness also refers to a statement made by the deceased regarding coal theft 5 or 20 6 days before the incident in question as a result whereof Narmedeshwar Pd. Singh and Nooren Master were both sent to jail.

28. Coming to the second aspect on which the prosecution has led evidence in support of its case we may point out that while the motorcycle on which the deceased was travelling along with Apurba Ghosh PW16 was seized from the place of occurrence in terms of seizure memo marked Exh.3, the Motor Cycle used by accused was seized from the premises of Kalyans Vyapor Brisket Udyog owned by the appellant- Sheo Shankar Singh. This seizure was made on 16th April, 2000 at 2.20 p.m. From a reading of the seizure memo it is evident that the motorcycle was a black colour, Caliber Bajaj make with no registration number on the plate. From the motorcycle was recovered a certificate of registration and fitness showing the name of Jai Shankar Singh, son of N.P. Singh of Nirsa, as its owner. Jai Shankar Singh, it is noteworthy, is none other than the brother of appellant- Sheo Shankar Singh.

31. The certificate goes on to state that the injuries had been sustained within 8 hours and had been caused by hard and blunt substance. The making of the requisition, the medical examination of the injured, the presence of injuries on his person have been, in our opinion, satisfactorily proved by the prosecution and go a long way to support the prosecution version that Apurba Ghosh (PW16) was driving the motorcycle at the time of the incident and had sustained injuries once he lost his balance after the deceased sitting on the pillion was shot by the appellant-Umesh Singh.

47. We may now turn to the deposition of Prasant Banerjee (PW6) who is the other eye-witness to the occurrence. This witness has in his deposition before the trial court stated that on 14th April, 2000 he was at a distance of about 100 yards from the place of occurrence. According to the witness while he was going on his motorcycle with Ravi Ranjan Prasad, on the pillion seat the deceased Gurdas Chatterjee was going on the pillion seat of another motorcycle. 53 Appellant-Sheo Shankar Singh was following the deceased on a motorcycle with appellant-Umesh Singh sitting on the pillion of that motorcycle. The witness further states that appellant-Sheo Shankar Singh took the motorcycle to the left of the motorcycle on which the deceased was travelling whereupon appellant-Umesh Singh who was sitting on the pillion fired two shots because of which the deceased fell down on the south side of the G.T. Road. The motorcycle of appellant-Sheo Shankar Singh stopped at a short distance whereupon the appellant-Umesh Singh got down from the motorcycle and came to the place where the deceased was lying and then fired another shot at him, pushed him so that his body rolled down the slope. Appellant-Umesh Singh then returned to the motorcycle and went away towards Nirsa. The witness further stated that he knew both the accused- appellants.

53. That brings us to the question whether the present is one of those rare of rarest cases in which the High Court could have awarded to the appellants the extreme penalty of death.

61. In the result, we affirm the judgments and orders under appeal with the modification that instead of sentence of death awarded by the High Court, the appellants shall 68 suffer rigorous imprisonment for life. The appeals are accordingly allowed but only in part and to the extent indicated above.