LAKSHMAN URAON,J. - (1.) APPELLANTS in both the Criminal Appeals have preferred these appeals against the common Judgment and order of conviction and sentence dated 26.2.3996 and 28.2.1996 respectively, passed by Shri Bharat Prasad Sharma, learned Judicial Commissioner, Ranchi. in Sessions Trial No. 714 of l994. convicting both the appellants under Section 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and further convicting appellant Manoj Karmali [Cr. Appeal No. 40 of 1996 (R)] under Section 27 of the Arms Act and sentencing him to undergo rigorous imprisonment for three years with a fine of Rs. 200/ - and in default where of to further undergo rigorous imprisonment for one month. However, both the sentences, awarded against Manoj Karmali, were ordered to run concurrently.
(2.) THE prosecution case, as per the fardbeyan of the informant Dilu Rajwar (PW 1), father of the deceased Manoj Kumar, is that on 9.6.1994 at about 9.00 p.m., appellants Manoj Karmali and Umesh Oraon came to his home along with his son Manoj Kumar (deceased). They took their meals together at about 10.00 p.m. they were going to sleep, taking Manoj Kumar (deceased) with them, in a nearby double storeyed Mines Quarter. The informant was also out of his home as it was summer season. He saw that in front of the quarter of Sohrai Lohar and Parmeshwar Das, his son and the appellants were making noise and had entered into altercation. The informant went nearer to them and saw that Manoj Kumar Karmali fired with his country made pistol on the chest of ManoJ Kumar (his son), Appellant Umesh Oraon had caught hold of Manoj Kumar. Manoj Kumar on being injured fell down. The informant raised hulla and then both the appellants fled away towards north -east of the place of occurrence. The informant went near his son and with the help of neighbourers, he (Manoj Kumar) was taken to the Hospital. Mis son also informed that both the appellants had fired at him with an intention to kill him. His son became unconscious and subsequently died. Both the appellants were charged under Section 302/34 of the Indian Penal Code for intentionally causing the murder of Manoj Kumar. Appellant Manoj Karmali was further charged under Section 27 of the Arms Act for possessing country made pistol and for using the same to cause the murder of Manq] Kumar. Both the appellants denied the charges, framed against them. In course of their examination also, there is total denial about the allegations, levelled against them and they have taken the plea that they have falsely been implicated in this case.
(3.) THE prosecution in this case has examined altogether five witnesses, in order to prove the charges against the appellants, PW 1 (Dilu Rajwar) is the father of the deceased and the informant in this case whereas PW 2 (Radha Devi) is the mother of the deceased and PW 3 (Mira Devi) is the sister of the deceased. PW 4 is Dr. Tulsi Mahto. who has conducted the post -mortem examination on the dead body of Manoj Kumar and PW 5 (Shankar Dayal Singh) is the investigating Officer ot this case. After considering the evidence, oral and documentary, the learned Court below found both the charges proved against these appellants and. accordingly. convicted and sentenced them so undergo rigorous imprisonment, as stated above.;