ASHWANI KUMAR SINGH,J. - (1.) These two appeals are directed against the judgment of conviction dated 19th November, 2011 and the order of sentence dated 21st November, 2011 passed by the learned Additional Sessions Judge -I, Naugachia in Sessions Trial Case No. 696 of 2010, whereby the appellants of the aforesaid two appeals have been convicted for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. They have been sentenced to undergo R.I. for life for the offence under Section 302/34 of the Indian Penal Code along with a fine of Rs.20,000/ - each and in default of which they have been directed to further undergo S.I. for one year. It has also been ordered that 75% of the amount of fine, if realized, shall be given to the legal heirs of the deceased victim. All the three appellants have further been sentenced to undergo R.I. for five years for the offence under Section 27 of the Arms Act and a fine of Rs.5000/ - each and in default of which they have been directed to further undergo S.I. for three months. All the sentences have been directed to run concurrently.
(2.) The First Information Report (for short FIR) of the case was instituted on the basis of fardbeyan of informant Ravi Kumar Mandal. His statement was recorded by the In -charge of Rangra Police Out -post, namely, Ashok Kumar, a Sub -Inspector of Police, on 4th July, 2009 at 9.00 p.m. at Naugachia Sadar Hospital. In his fardbeyan, the informant has stated that on 4th July, 2009 at about 6:00 p.m. while he was playing cards with his uncle Gyandeo Patel in front of the house of one Diwakar Mandal, his co -villager Dhananjay Mandal @ Sukhra along with Neeraj Pandit, Jhari Yadav @ Akhilesh Yadav, Rabindra Pandit and 2 -3 persons of village Bhawanipur came there. The accused Neeraj Pandit was holding pistols in both his hands. He put one of the pistols at his waist and with the other hand he fired on Gyandeo Patel which hit the latter on the head. Immediately thereafter, the accused Dhananjay Mandal also fired on Gyandeo Patel, uncle of the informant hitting him in the temple region. The informant has also alleged that the other accused persons whom he had not identified by name, but claimed to be able to identify them on sight, also fired from their respective fire arms from all sides. It has been further stated that due to the aforesaid fire arm injuries, his uncle Gyandeo Patel fell on the ground profusely bleeding. He has further stated that on hearing the sound of firing, nearby people rushed there and on seeing them all the accused persons fled away from the place of occurrence. Thereafter, he brought his injured uncle Gyandeo Patel to Naugachia Sadar Hospital for treatment, who, in course of treatment, died in the Hospital. According to the informant, the motive for the occurrence was that the accused persons used to tease and abuse the girls of his village, which was being objected to by his uncle Gyandeo Patel.
(3.) On the basis of the above fardbeyan of the informant, Gopalpur P.S. Case No. 261 of 2009 dated 5th July, 2009 was registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act against the accused Dhananjay Mandal @ Sukhra, Neeraj Pandit, Jhari Yadav @ Akhilesh Yadav, Rabindra Pandit and some unknown, and investigation was taken up.;