B. N. Agrawal, J. - (1.) Leave granted in SLP (Cri.) Nos. 1964-65 of 2001.
(2.) These appeals by Special Leave have been preferred against the judgment rendered by Jharkhand High Court. Surendra Singh Rautela @ Surendra Singh Bengali who is sole appellant in Criminal Appeals No. 628-29 of 2001 and Mohd. Anis who is appellant in Criminal Appeal No. 630 of 2001 were tried and convicted by the trial Court. Surendra Singh Rautela was convicted under Sections 302 and 307 of the Penal Code and sentenced to undergo rigorous imprisonment for life on both counts. He was further convicted under Section 27(3) of the Arms Act and awarded death sentence and the matter was referred to the High Court for confirmation of death sentence. Mohd. Anis was convicted under Sections 302 and 307 read with Section 34 of the Penal Code and sentenced to rigorous imprisonment for life and ten years respectively. He was further convicted under Section 27(1) of the Arms Act and sentenced to undergo rigorous imprisonment for seven years. The sentences awarded against the appellants were, however, ordered to run concurrently. Both the accused persons preferred separate appeals before the High Court challenging their conviction whereas on behalf of the State, an appeal was filed for enhancement of punishment of life imprisonment awarded against Mohd. Anis into death penalty. The High Court by a common judgment disposed of the reference and the appeals. Appeals preferred by Mohd. Anis and State Government have been dismissed whereby convictions and sentences awarded against this appellant have been affirmed. So far appeal preferred by appellant Surendra Singh Rautela is concerned. His conviction and sentence under Section 27(3) of the Arms Act have been set aside. Conviction and sentence of this appellant under Section 307 of the Penal Code have been upheld. So far as his conviction under Section 302 of the Penal Code is concerned, the same has been confirmed but he has been awarded death penalty.
(3.) Prosecution case, in short, is that on 4th April, 1996 at 10.00 a.m., the informant Ranjan Singh (PW 7) along with his maternal uncle Dhananjay Singh and their bodyguards Shyam Bihari Singh (PW 4) and Karu Singh were going in a Maruti Car to their site where contract work was going on. Ranjan Singh (PW 7) was driving the Car and Dhananjay Singh was sitting by his side whereas Shyam Bihari Singh (PW 4) and Karu Singh were sitting on the rear seat of the Car. Shyam Bihari Singh was holding licensed revolver belonging to Ranjan Singh (PW 7). At about 10.20 a.m., when the Car reached near Military Chowk at Booty Road, one black coloured Yamaha motor cycle, on the rear seat of which, appellant Surendra Singh Rautela was sitting, came from behind at the right side of the Car and he started firing at Ranjan Singh (PW 7) by a stengun, who pushed himself behind. In the meantime, there was also firing from the left side of the Car by a person who was on a scooter. Thereupon, the informant stopped the Car in front of the traffic post. As a result of firing, Ranjan Singh (PW7) and his maternal uncle Dhananjay Singh got injured. Thereafter, the accused persons fled away. At that time, some police personnel arrived there and brought Ranjan Singh (PW 7) and Dhananjay Singh in injured condition to Rajendra Medical College Hospital where doctor declared Dhananjay Singh as brought dead. It was stated in the first information report that Ranjan Singh (PW 7) could identify the person, who was driving the motor cycle, on seeing him and other occupants of the Car could identify, the person who was on the scooter and fired from the left side, on seeing him, Motive for the occurrence as disclosed in the first information report was that prior to the incident appellant Surendra Singh Rautela had demanded Rs. 2 lakhs from Ranjan Singh (PW 7) as ransom on two or three occasions which was refused by him which led to the present occurrence. Stating the aforesaid facts, fardbayan of Ranjan Singh (PW7) was recorded by the police in the hospital on the same day at 11.30 a.m. on the basis of which the first information report was drawn up.;