LAKSHMAN URAON, J. - (1.) BOTH the criminal appeals have been preferred against the judgment and order of conviction and sentence dated 30.7.96 and 31.7.96 respectively passed by Sri R.P. Verma, the learned Sessions Judge, Godda in Session Case No. 66/94.
(2.) AS both the appeals arise out of the same judgment and order of conviction and sentence passed by the learned Sessions Judge, Godda in S.T. No. 66/94, hence both these criminal appeals were heard together and are being disposed of by a single judgment of this Court. All the appellants have challenged the judgment and order of conviction and sentence passed against them under Sections 302/34 IPC and 27 of the Arms Act sentencing each of them to undergo R.I. for life for the offence under Section 302/34 IPC. The appellant, Anil Thakur (in Cr. Appeal No. 412/1996) has further been convicted and sentenced under Section 27 of the Arms Act and ordered to undergo R.I. for three years directing that in case of the appellant, Anil Thakur, both the sentences will run concurrently.
(3.) THE prosecution case has arisen on the basis of the fard -beyan (Ext.2) of the informant, PW -1, Ratish Thakur, full brother of the deceased, Jitendra Thakur, recorded on 24.1.94 at 19.45 Hrs. at village Amarpur School Tola by the S.I, Hare Ram Sharma, I.O, PW -12, on the basis of which Godda P.S. Case No. 23/94 dated 24.1.94 was registered and formal FIR Ext. 3, was drawn on the same day at 22 Hrs. Thereafter, the FIR was sent to the Court concerned on 25.1.94 which was received in the Court of C.J.M, Godda on 26.1.94. The learned Sessions Judge, Godda charged Dhaneshwar Thakur, Srikant Thakur, Mohar Lal Thakur and Anil Thakur, appellants of both the appeals, under Section 302/34 IPC whereas, Ani! Thakur (appellant in Cr. Appeal No. 412/1996) was further charged under Section 27 of the Arms Act.;