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Judgement Analysis: Akhilesh Singh vs State of Jharkhand
H.C Mishra J - Heard learned senior counsel for the appellant and the learned counsel for the state
The appellant is aggrieved by the disputed judgement of conviction dated 24th September 2005 and the order of sentence dated 2nd January 2006 passed by the 1st Additional Session Judge, Jamshedpur, In S.T no 445 of 2004 whereby the Sole appellant has found guilty and convicted for offences under Section 302 of the Indian Penal Code and section 27 of the Arms Act. Upon the hearing on the point of the sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under section 302 of the Indian penal code and R.I for three years for the offence under section 27 of Arms Act and both the sentences were directed to run simultaneously.
This case relates to the broad daylight murder of the jailor of Sakchi jail, at Jamshedpur namely late Uma Shankar Pandey in an extreme daredevil manner on 12th March 2002. The prosecution case was instituted based on far began of the constable warden of Sakchi jail Jamshedpur on 12th February 2002 at 7:30 wherein he said that on the same day at 7:00 am, the jailor Uma Shankar Pandey came out of jail gate and entered his quarter situated near the jail gate in the jail premise itself. Again he came out at the gate of his quarter where two people had arrived and he started talking to them. One of them was Akhilesh Singh who was earlier an inmate of the jail in connection with Kabra abduction case and had absconded in January 2000, from Jamshedpur court premises. The other person was Santosh Pathak. The informant saw that Santosh Pathak fired a pistol on the jailor and thereafter the jailor came out of the gate and caught the hand of Santosh Pathak. In the meantime, Akhilesh Singh pushed the jailor due to which he fell and he assaulted the jailor by firearm causing injury on his back and both the accused person started running away. There was noise due to the occurrence and both the accused person was chased by the constable and public but Akhilesh Singh managed to run away firing the pistol. Santosh Pathak was arrested near Hume pipe Road at Jameshdpur from whom, one pistol containing the fired cartridge was recovered, and from his possession, 2+10 live cartridges kept separately, one double barrel pistol and two fired cartridges were also recovered.
After the commitment of the case to the court of the session, the charge was framed against the sole accused of the offence under section 302 of the Indian penal code and section 27 of the Arms Act and upon the accused's pleading not guilty and claimed to be tried, he was put to trial.
In the course of the trail, 15 witnesses were examined by the prosecution including the I.O and the Doctor who had organised the post - mortem examination on the deal of dead body deceased.
Upendra Singh is the warden in the jail and the informant In the case and though this witness had given the vivid details of the occurrence in his Fard-beyan as an eyewitness to the occurrence in his evidence, he had said that when the jailor Uma Shankar Pandey was talking at his gate with two people who had entered the jail premises the witness went to the visitor's room and he sat there. After that, he heard the sound of firing when he came out and he saw the jailor fallen down due to injuries and those two people ran away. He said that he did not identify any of them because one accused was wearing a helmet and the other one was wearing a cap. This witness had said about chasing off the other deceased accused and recovery of firearms from him but that is not much importance in the case as he had stated nothing against the accused Akhilesh Singh facing the trial
Kamal Ram is also the warden of the jail This witness has also turned hostile but he has started upon the hearing the sound of firing he used there and saw the jailor fallen injury.
Narendra Prasad Singh is an Assistant jailor The witness had stated that from July 2001 to 2004 he was posted at Sakchi divisional jail. This occurrence had taken place on 12th March 2002 he was in the office at 7:00 am when he heard the sound of firing he enquired and he was told that the jailor had been assaulted by firearm he came out of his office and found the jailor Uma Shankar Pandey sitting on the chair, with his wound tied along with his towel. After that, he went to inform the jail superintendent about the occurrence and when he was coming along with the jail superintendent he witnessed that the jailor Uma Shankar Pandey was being taken to the hospital on a tempo He Also accompanied them and in the emergency ward, Uma Shankar Pandey died after an hour and then the dead body was taken for post mortem investigation He also said that he had no clue about how all this happened. Akhilesh Singh had assaulted the jailor by firearm. Thus, it is apparent that even this witness who was holding a respectable post in the jail as Assistant jailor he has not dared to overthrow against the accused Akhilesh Singh in the court.
Radhesyam Pandey is also a warden who has dared to support the prosecution case as an eye witness to the occurrence to some extent.
On discussion
Chest and abdomen:- A metallic bullet recovered from the muscles of the lower part of the chest in the midline. Bullet entered through entry would travel upward and medically grossly ruptured.
He has stated that the cause of death was a shock one and all the above injuries were caused by firearm Time elapsed since death was about six hours approximately.
Dr Akhilesh Kumar had conducted the post mortem examination on the dead body of the accused Santosh Pathak he hasn't given details of his finding and he had only identified the photostat copy of post mortem report.
In this result, this appeal stands dismiss with the nuances in the conviction and sentences as above said and with the directions and observation.
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