JAY PRAKASH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Dismissal [ vide judgment and order dtd. 23/9/2024] of the appellant's criminal appeal [Criminal Appeal (D.B.) No. 1351 of 20162] by the High Court of Jharkhand [High Court] is under assail in the present appeal, by special leave. Conviction [vide judgment and order dtd. 27/9/2016 in S.T. No .235 of 2014] of the appellant by the Trial Court [ II ASJ, Chatra] under Sec. 302 of the Indian Penal Code, 1860 and Sec. 27 of the Arms Act, 1959 led to imposition of sentences of life imprisonment and 7 years, respectively. As a consequence of dismissal of the criminal appeal, such conviction and sentence stood affirmed.

(2.) According to the prosecution, the appellant (a constable in the Indian Reserve Battalion) had allegedly gunned down his superior, one S.I. Sunil Soren [ deceased]. The incident happened at around 7:30 PM on 18/5/2014. The motive for the crime was that the deceased had not approved the appellant's request for grant of leave.

(3.) The informant (a hawaldar), examined as PW-3, testified that he was on duty with four other constables at the time of the incident. Appellant was on sentry duty from 6:00 PM to 8:00 PM. At about 7:30 PM, upon hearing gunfire, PW-3 came out of the guard room, went to the spot, and found the appellant coming from the side of the room of the deceased and holding an INSAS rifle (later confirmed to be the weapon of offence). Appellant then confessed to killing the deceased. Relevant excerpts from the chief examination of PW-3 are reproduced below: