VISHNUDEO NARAYAN, J. - (1.) THE appellants named above have preferred this appeal against the Impugned judgment and order dated 22.7.1996 and 23.7.1996 respectively passed by Shri G.K. Verma, 2nd Additional Sessions Judge, Jamshed - -pur in ST No. 124 of 1992 whereby and whereunder they were found guilty for the offence punishable under Section 302/34 and 307/34 of the Indian Penal Code and they were convicted and sentenced each to undergo R.I. for life for the offence under Section 302/34 and R.I. for seven years each for the offence under Section 307/34 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of the self -statement (Ext. 3) of PW 7 Vijay Kumar Singh, S.I. Jugsalai P.S. lodged before the said P.S. on 7.3.1992 at 17.00 hours regarding the occurrence which is said to have taken place on that very day at 15.10 hours in front of scrap taal of one Pusi Babu at Bir Kuwar Singh chowk on the station road, P.S. Jugasalai, District East Singhbhum in which Sailendra Mahto, the driver of three wheeler bearing registration No. BHX 7613 has been done to death. The prosecution case, in brief, is that PW 7, the informant was on patrolling duty in the company of PW 6 Pramod Kumar Singh and PW 9, Pasupati Nath Singh both ASI at 500 -600 yards away from the place of occurrence where he got the information regarding the commission of the murder of the driver of a three wheeler bearing Registration No. BHX 7613 and he along with them rushed to the place of occurrence along with two other Hawaldars who met the informant in the way and found the driver of the said three wheeler dead fallen on the ground as a result of the bleeding injury caused at his neck by fire arms. It is alleged that the informant learned from the persons assembled there that three persons had a quarrel with the said deceased on the issue of the payment of fare and one of them who was wearing green full Jersey and black full pant had fired from his countrymade pistol causing injury at the neck of the deceased as a result of which he fell down and died and all the three persons aforesaid had fled away about two or three minutes ago from the place of occurrence towards south and on this information the informant along with his companion aforesaid followed the aforesaid persons towards that direction raising alarms and at the distance of 500 -600 yards from the place of occurrence the informant saw them fleeing away and the residents of the vicinity of lohatal of R.N. Singh and other citizens of that place attempted to apprehend the aforesaid three persons and on this one of them who was wearing the green full Jersey and the black full pant fired from his country made pistol at them which, however, did not hit any of them and they were apprehended. The prosecution case further is that the person who was wearing green full Jersey and the black full pant had disclosed his name as Biswas Prasad @ Birju and the other two disclosed their name as Sonaram Kachhap and Jagu Bodra and in presence of Vijay Kumar Singh and Ram Subakh Singh (both not examined in this case) their person was searched by the informant and a country made pistol and two empty cartridges were recovered from the accused Biswas Prasad @ Birju and one live cartridge each of 303 was recovered from the person of the appellants named above and a seizure list in respect thereof was prepared. It is also alleged that co -accused Biswas Prasad @ Birju and both the appellants aforesaid have made their confessions before the informant and others regarding committing the murder of the deceased.
(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case on mere suspicion. 1986 BLJ 2 : 1985 East Cr C 805 (Pat), and serious prejudice has been caused to the appellants in respect thereof. Therefore, the impugned judgment is unsustainable.;