D.K.SINHA,J. - (1.) THE Death Reference under Section 366(i) Code of Criminal Procedure as well as the Criminal Appeal referred to above, arising out of common judgment of conviction and order of sentence recorded against the appellants/convicts are taken up together for consideration.
(2.) HEARD Mr. Dubey, learned Counsel appearing for and on behalf of the convicts-appellants and Mr. R. Mukhopadhyay, learned A.P.P. for the State. The appellants 1. Krishna Ganjhu and 2. Ramdeo Mahto have been convicted under Sections 148,307/149,302/149,353/149,435/149 and under Sections 379/149 of the Indian Penal Code (hereinafter referred to as the Act). Each of the appellants has further been convicted under Section 27(i) of the Arms Act. They were sentenced to undergo rigorous imprisonment for various terms in different counts in corresponding offences referred to here-in-before. Besides, each of them was awarded death sentence by the Court of Shri Shrikant Roy, Additional Sessions Judge, F.T.C.-III, Chatra to be hanged by neck till their death for their conviction under Sections 302/149 of the Indian Penal Code in Sessions Trial No. 18 of 2001 arising out of Simaria P.S. Case No. 85 of 1998.
(3.) THE informant P.W. 5 Saryu Pandit, the then Officer-in-Charge of Simaria Police Station recorded his self statement on 24.11.1998 at about 14 hours near Athampur Primary School who narrated that on the same day at about 10.30 am. while he was returning from Lawalong after police petrol along with the A.S.I. Brij Mohan Singh and arrived near Athampur Primary School, he heard firing like sound and out of curiosity he alighted from the vehicle along with other police personnel. He further narrated that while he was asking from an old woman as to the origin of such sound, he confronted with extensive fire originated from the hillock and the forest side. He immediately rushed with other police personnel towards the pitch road to take 'Morcha' from behind the police vehicle, which was left on the road and retaliated fire. In the meantime, he heard screaming from behind, as such, he had reason to believe that some constables had sustained gun shot injuries. The police party retaliated the fires. The informant presumed that it were the M.C.C. ultras who were shouting slogans 'M.C.C. Jindabad' and also 'Lal Salam' and intensified the fire. In the meantime, a home guard of the police party also sustained gun shot injuries. The informant anyhow slipped and escaped from the heavy exchange of fire and went to Simaria Police Station to inform the occurrence by boarding 'Vikas' bus. He immediately returned back with the police force and the C.R.P.F. to the place of occurrence and witnessed smoke coming out from the police vehicle which was set on fire by the ultras and further witnessed that the constable No.34 Nagendra Kumar Vatsa, one home guard Binod Singh and the son of the village Chaukidar namely Chandra Dusadh had succumbed their injuries in the extensive fire shot from the extremists side. The M.C.C. ultras had not only snatched the rifles and the cartridges and the uniforms from the bodies of the constable and home guard but had also cut them with axe. They were about 35/40 in number, variously armed with S.L.R., sten guns, carbines and police rifles. The Senior Police Officer from Chatra arrived at the place of occurrence and it could be gathered from the villagers that M.C.C. extremists were moving in the area for the last 3 /4 days and on the date of occurrence they were seen in the house of one Kauleshwar Bhuiyan of Athmpur at about 8 a.m. The villagers further apprised that amongst M.C.C. people, they identified Ajay Yadav, Nagdeo Turi, Kauleshwar Bhuiyan and Pankaj Ganjhu @ Pankaj Ji. The informant narrated that the named accused persons, who were the members of the M.C.C. committed gruesome murder of a constable, a home guard and the son of a Chawkidar in prosecution of their common object, put obstruction in the Government work, set the police vehicle on fire and snatched the guns and cartridges as aforesaid. The M.C.C. ultras escaped from the place of occurrence taking advantage of the forest and hillocks after commission of the offence. A case was registered for the alleged offence under Sections 147/148/149/307/302/353/435/379 of the Indian Penal Code, 27 of the Arms Act and under Section 17(i) (ii) of the C.L.A. Act against the named accused persons giving rise to Simaria P.S. Case No. 85 of 1998. The Investigating Officer submitted charge-sheet only against 5 accused persons after investigation and they were Lakhan Yadav, Mukesh Yadav, Krishna Ganghu (appellant No.1) Nepali Ganjhu and Ramdeo Mahto (appellant No.2).;