- (1.) These appeals are directed against the common judgment and final order dated 26.09.2003 passed by the Division Bench of the High Court of Patna in Criminal Appeal Nos. 293, 307, 311 and 371 of 2000 whereby the High Court upheld the judgment and order dated 26/27.06.2000 passed by the Ist Addl. District & Sessions Judge, Nawadah in Sessions Trial No. 333/97/40/97 convicting the appellants herein for the offence punishable under Section 302 of the Indian Penal Code (in short the "IPC") read with Section 27 of the Arms Act, 1959, Section 302 read with Section 149 of the IPC and Section 324 read with Section 149 of the IPC and maintained the sentences imposed upon them.
(2.) Brief facts: (a) The present group of appeals arises out of FIR No. 11 of 1997 registered at Police Station Govindpur, at the instance of one Naresh Yadav (PW-9) leading to Session Trial No. 333/97/40/97 at the Court of Ist Addl. District & Sessions Judge, Nawadah. (b) There was a cross FIR No. 12 of 1997 registered at the same Police Station at the instance of one Sunil Yadav (accused No.9 in FIR No. 11 of 1997) which was lodged at the instance of the accused in FIR No. 11 of 1997. (c) According to Naresh Yadav (PW-9)-the informant in FIR No. 11 of 1997, on 28.04.1997, at 9:00 a.m., all of a sudden, Brahamdeo Yadav, Darogi Mahto, Maho Yadav, Paro Mahto, Kuldeep Yadav, Sudhir Yadav, Sunil Yadav s/o Bale Yadav, Bale Yadav, Shiv Nandan Yadav, Sunil Yadav s/o Musafir Yadav and Suraj Yadav armed with Saif, Bhala, lathis and gun came in a mob where Suresh Yadav- informant's elder brother, since deceased, was getting his diesel machine repaired through a mechanic Mohan Yadav. It was alleged that accused Brahamdeo Yadav @ Bhonu Yadav shot a fire at Suresh Yadav in the abdomen and when he went to help him, Sunil Yadav gave a saif blow causing injury on his lips. It was also alleged that on hearing alarm Munshi Yadav, Ganuari Yadav and Bindeshwar Yadav had come and they were also subjected to assault by the accused persons. He also told that the victim Suresh Yadav died on the way while being taken to the hospital. (d) On the basis of the farde bayan of Naresh Yadav-the informant, FIR No. 11/97 was registered with Govindpur Police Station under Sections 147, 148, 149, 323, 324, 307 and 302 IPC against Brahamdeo Yadav, Sunil Yadav s/o Bale Yadav, Darogi Mahto, Maho Yadav, Paro Mahto, Kuldeep Yadav, Sudhir Yadav, Bale Yadav, Shiv Nandan Yadav and Suraj Yadav. Sunil Yadav s/o Musafir Yadav was instituted. On 29.04.1997, S.I. Anil Kumar Gupta recorded the statement of Sunil Yadav s/o Musafir Yadav at Nawadah Sadar Hospital and on the basis of his statement FIR No. 12/97 was registered with Govindpur Police Station under Sections 147, 148, 149, 323, 324, 307 and 447 IPC against (i) Upendra Yadav (ii) Rambalak Yadav (iii) Basudev Yadav (iv) Anil Yadav (v) Ganuari Yadav (vi) Damodar Yadav (vii) Suresh Yadav (viii) Umesh Yadav (ix) Muni Yadav (x) Naresh Yadav and (xi) Manager Yadav. The investigations in both the FIRs were taken by S.I. Mohd. Shibli, Officer-in-charge of Govindpur Police Station. (e) After investigation, charge sheet No. 12/97 was submitted in FIR No. 11/97 and charge sheet bearing No. 36/97 was submitted in FIR No. 12/97 against the accused persons and thereafter the case was committed to the Court of Sessions Judge and registered as Sessions Trial No. 333/97/40/97. (f) The prosecution examined ten witnesses in support of its claim, namely, Dr. Bipul Kumar, PW-1, Dr. R.K. Bibhuti, PW- 2, Ganuari Yadav, PW-3, Bindeshwar Prasad @ Manager Yadav, PW-4, Basudeo Yadav, PW-5, Kesho Yadav, PW-6, Munshi Yadav, PW-7, Minta Devi, PW-8, Naresh Yadav, PW-9 and Md. Shibli, Officer-in-Charge, Nawadh PS. PW-10. (g) After completion of the trial, learned Sessions Judge convicted all the accused for the offences punishable under Sections 302, 324 read with 149 IPC and sentenced them to undergo rigorous imprisonment for life and further imprisonment of two years. (h) Aggrieved by the order passed by the trial Judge, the accused preferred different sets of appeals, namely, Criminal Appeal Nos. 293, 307, 311 and 371 of 2000 before the High Court of Patna. By the impugned judgment and order, after accepting the prosecution case, the Division Bench of the High Court upheld the judgment of the Sessions Judge and dismissed all the appeals. (i) Aggrieved by the decision of the High Court, Paro Mahto (A5), Kuldip Yadav (A6), Sudhir Yadav (A7) filed Criminal Appeal No. 531 of 2005, Brahamdeo Yadav (A1) filed Criminal Appeal No. 532 of 2005 and Darogi Mahto (A2), Bale Yadav (A8) and Suraj Yadav (A11) filed Criminal Appeal No. 534 of 2005 before this Court.
(3.) Heard Mr. Rajan K. Chourasia learned counsel for the appellants in Criminal Appeal Nos. 531 & 534 of 2005, Mr. J.P.N Gupta, learned amicus curiae for the appellant in Criminal Appeal No. 532/2005 and Mr. Manish Kumar, learned counsel for the respondent-State. FIR Nos. 11/97 and 12/97 ;