M.Y.EQBAL, J. - (1.) Reference has been made by the 5th Additional Judicial Commissioner, Ranchi under Section 366 of the Code of Criminal Procedure for confirmation of death sentence of the convict Surendra Singh Rautela alias Surendra Singh Bengali, whereas the said convict filed criminal appeal No. 115/2000 (R) for setting aside the judgment and order and another convict Md. Anis filed criminal appeal No. 130/2000(R) for setting aside the judgment and order passed by the said Court. The appellant-State of Bihar also filed Govt. Appeal No. 17/2000(R) under Section 377(3) of the Code of Criminal Procedure for enhancement of punishment of life imprisonment of the convict Md. Anis to death penalty. All these cases have been heard together and are being disposed of by this judgment.
(2.) Appellant Surendra Singh Rautela alias Surendra Singh Bengali has been convicted for the offence under Section 302 of the Indian Penal Code and also under Section 307 of the Indian Penal Code and is sentenced to Rigorous imprisonment for life and further the said appellant Surendra Singh Bengali is sentenced to be hanged till death for the offence under Section 27 sub-section (3) of the Arms Act. Another appellant convict Md. Anis has been convicted for the offence under Section 302/34 of the Indian Penal Code and sentenced to Rigorous imprisonment for life and also convicted under Section 307/34 of the Indian Penal Code and sentenced to Rigorous imprisonment for Ten years and also sentenced to Rigorous imprisonment for Seven years under Section 27 sub-section (1) of the Arms Act.
(3.) The prosecution case as stated in the F.I.R. is that on 4-4-1996 at 10 a.m. the information Ranjan Singh along with his maternal uncle Dhananjay Singh and their body-guard Shyam Bihari Singh and Karu Singh were going to their site on his Maruti Car bearing registration No. MZV 2484. These persons were going to their site where contract work was going on. Car was being driven by the informant Ranjan Singh and his maternal uncle Dhananjay Singh was sitting beside him and in the back seat his personal body-guards Shyam Bihari Singh and Karu Singh were sitting. Said Shyam BIhari Singh was holding revolver of the informant who is the licensee. When at about 10.20 a.m. they reached near Military Chowk at Booty Road, one black coloured Yamaha Motorcycle, on the rear seat of which Surendra Singh Bengali was sitting came from behind at the right gate of the car started firing by sten gun at the informant. The informant pushed himself behind. In the meantime, there was firing from the left side of the car also. Informant's maternal uncle cried loudly. Further case of the prosecution is that the informant turned the car towards left side for saving them and stopped it near traffic post and then informant saw that he had received bullet injuries on his chest and hand and his maternal uncle had received bullet injuries on the right side of his chest. After firing, Surendra Singh Bengali and his associates fled away towards west. At that time some police personnel came there and took the informant and his maternal uncle in injured condition to the Rajendra Medical College Hospital and there the doctor has declared Dhananjay Singh dead. Informant Ranjan Singh was put on medical treatment. The informant further stated in the Fardbeyan that he had identified the person who was driving Yamaha Motorcycle and the person who had fired from the left side riding on scooter. Reason for the occurrence has been stated to be that Surendra Singh Bengali had demanded Rs. two lakhs as Rangdari and he had told him 2-3 times but the informant refused to give Rangdari and out of that reason Surendra Singh Bengali and his associates fired at the informant and others causing injuries to them and the death of his maternal uncle Dhananjay Singh.;