LAKSHMAN URAON, J. - (1.) THIS Criminal Appeal is directed against the judgment and order f conviction and sentence dated 25 -8 -1994 and 7 -9 -1994, passed by the learned 2nd Additional Judicial Commissioner, Ranchi, in Sessions Trail No. 351 of 1988/22 of 1991, conviction the appellant under Section 302/109 of the Indian Penal Code and sentencing him to undergo imprisonment for life and further convicting him under Section 307/109 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years, with a direction to run both the sentences concurrently.
(2.) THE prosecution case, as per the fardbeyan of the informant Ghulshan Lal Ajmani (P.W. 6), is that on 8 -1 -1988 he was at his home at Church Road, Lower Bazar, Ranchi, at 11.00 a.m. At that time, in his Car hearing Registration No. WMP 4253, Satyendra Mallik, Principal of Marwari Morning School, come to him and informed that Bishwanath the Narsaria alias Bisu (P.W. 1) was confined at Kunjlal Street by appellant Varun Sharma and his associates. On this information, the informant went on his Maruti Car bearing Registration No. BPY 7601 to Fashion Centre, followed by Satyendra Mallik, From there when he reached Ply Wood House in Kunjlal Street, he saw Bisu Narsaria, Sri Krishna Sharma, Varun Sharma and his three associates sitting there in the Play Wood House at Kunj Lal Street The informant asked Bisu Narsaria as to what was the matter. Bisu Narsaria informed that appellant Varun Sharma and his associates had restrained him by force, The informant asked Bisu Narsaria that he had to go to Railway Station to take up his family and he also asked the appellants and others not to remain inside the shop and asked them to go outside the shop. All came out of the shop and started proceeding towards Gandhi Chowk. In the any the appellant and his three associates were abusing the informant Gulshan Lal Ajmani and Bishu Narsaria. When they reached near Fashion Centre, then he (the informant) indicated Bisu Narsaria to proceed for Railway Station by Ambassador Car Bearing No. WMF 4253, At that 'moment, the appellant Varun Sharma ordered his associates not to allow him (Bishu Narsaria) to proceed ahead. The informant and his three associates rushed towards .the car. The informant stopped them and ordered the car to proceed ahead. When the car proceeded ahead, the appellant Varun Sharma ordered to take out Saman. On this a boy who was the associate of Varun Sharma an was wearing red shirt, took out revolver and pointed out the same towards the informant. Appellant Varun Sharma ordered to Kill him (informant). In the meantime, Sri Krishna Sharma and uncle of the informant, namely; Tritok Singh Ajmani, including others, intervened, resulting scuffle between. The boy, who was wearing red shirt, fled away towards Chowk. Hawildar HarendraSingh, who was passing through that road, apprehended him (the boy, wearing red shirt) at Gandhi Chowk, pressed him and tried to snatch the revolver. In the meantime, when Varun Sharma and his associates saw their friend, they rushed to rescue him. The informant, Sri Krishna Sharma and Trilok Singh Ajmani also rushed towards that boy. When the appellant Varun Sharma saw the informant and others also rushing towards that apprehended boy, them Varun Sharma ordered to explode bomb and on his order one of the friends of appellant Varun Sharma, who was wearing black sawl and the another, who was wearing white paint and shirt, tool out one bomb each. The informant an others stopped for a while and by that time one boy, who had black sawl, hurled bomb towards the informant. The informant in order to save himself, fell down. The bomb injured Sri Krishna Sharma on his head. Due to explosion of bomb, there was smoke. When the smoke was clear, they saw Krishna Sharma lying dead, whose head was blown by bomb explosion. Hawildar Harendra Singh (P.W. 7) also sustained bomb splinters injuries. Varun Sharma (appellant) and his three associates by that time had fled away. The informant thereafter went to Kotwali police Station and informed orally to the police. Immediately, the police and the informant came back to the place of occurrence, where his Fard -beyan was recorded. The alleged occurrence took place only because of the fact that Varun Sharma was a teacher in the Marwari Morning School and he was ousted by the Managing Committee of the School not he charges of indisciplinary actions. He used to demand his arrears of salary for the period, he was teacher there. He also used to abuse Bishwanath Narsaria. He had also threatened Vishwanath Narsaria to kill him. Only due to this reason, the appellant had restrained Vishwanth Narsaria on the alleged date of occurrence along with his three associates. The informant also claimed to identify those three unknown persons. Thereafter, charges were framed against Naresh Kumar Dinodia under Sections 302/34 and 307 of the Indian Penal Code for intentionally causing the murder of Sri Krishna Sharma, in furtherance of common intention and hurling bomb and pointing out revolver to cause murder of Gulshan Lal Ajmani. Hawildar Harendra Singh and others. The appellant Varun Sharma was charged under Section 302/109 and 307/109 of the Indian Penal Code for abetting Naresh Kumar Dinodia for committing murder, committed by Naresh Kumar Dinodia, and also abetting Naresh Kumar Dinodia to commit murder of Vishwanath Narsaria an Gulshan Lal Ajmani, who attempted to shoot and hurled bomb, causing injuries on their person.
(3.) AS accused Naresh Kumar Dinodia, after framing of the charges absconded, hence the trial of the appellant Varun Kumar Sharma split up and taken up for trial separately. In course of trial, the prosecution examined altogether eleven witnesses also produced documentary evidence. The defence also examined three witnesses, After considering the evidences, oral and documentary, the learned 2nd Additional Judicial Commissioner found this appellant guilty and accordingly, convicted and sentenced him. as mentioned above in Paragraph No. 1.;