- (1.) THE appellants is both the appeal have preferred these appeals against the judgment and order of conviction and sentence dated 15th July, 1998 and 17th July, 1998 respectively, passed by Sri Prabodh Ranjan Dash, learned 3rd Additional Sessions Judge, Deoghar, in Sessions Case No. 96 of 1997, arising out of Mohan -pur P.S. Case No. 215 of 1996, whereby and whereunder, both the appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. As both the appeals arise out of the single judgment and order of conviction and sentence, they have been heard together and are being disposed of by this common judgment.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of the informant Bijay Kumar Singh (PW 11), recorded by R.K. Sharma, A.S.I. Town Police Station, on 9.11.1996 at 18.45 hours at Sadar Hospital Deoghar. The informant Bijay Kumar Singh in this fardbeyan has alleged that he along with BMP Constable Rash Bihari Pandey (PW 9), Ganga Sharma (PW 13) and deceased Baiju Prasad was going to take tea at Chopa More, Laxmi Line Hotel on 9.11.1996 at 5.30 p.m. When they were 25 yards away from the BMP Camp Main Gate, proceedings towards Kapil Betel Shop, Ranjit Yadav (appellant in Cr. Appeal 423 of 1998) exploded crakers. The informant saw appellant Ranjit Yadav standing with Ravindra Yadav, Jago alias Jaggu (appellant in Cr. Appeal No. 426 of 1998) and others near the betel shop of Kapil. When hawildar Baiju Prasad objected them, Ranjit Yadav, Kapil, Ravindra Yadav, Jago Yadav alias Jaggu and 4/5 others ordered appellant Ranjit Yadav (appellant) to kill Baiju Prasad. Ranjit Yadav (appellant) along with others caught hold of Baiju Prasad, which was objected by the informant and others. Ranjit Yadav asked not to spare Baiju Prasad and he himself caught him and dragged towards Kapil betel shop. In the meantime, appellant Ranjit Yadav stabbed 3 to 4 times with knife on the left side of chest of hawildar Baiju Prasad. Baiju Prasad was fleeing away towards BMP Camp but after 5 to 7 yards he fell down with bleeding injuries. Thereafter, the appellants and others fled away. The informant and other BMP jawans took Baiju Prasad to Sadar Hospital, Deoghar, where he was declared dead. On the basis of the fardbeyan, formal First Information Report (Ext. 4) was drawn up and charge -sheet was submitted against eight accused persons, including both these appellants of both the Criminal Appeals under Section 302/34 of the Indian Penal Code. The learned 3rd Additional Sessions Judge, Deoghar, framed charges under Section 302/34 of the Indian Penal Code against both the appellants, namely, Ranjit Yadav (Cri. Appeal No. 423 of 1998) and Jageshwar Yadav alias Jago Yadav alias Jaggu (Cri. Appeal No. 426 of 1998), including Balbhadra Yadav, Wakil Yadav, Ravindra Yadav, Kapil Modi, Jaydeo Das and Kiran Modi under Section 302/34 of the Indian Penal Code. He recorded the evidence of altogether sixteen prosecution witnesses and one defence witness. PW 1 Kamdeo Thakur and PW 11 Bijay Kumar Singh (informant) are hostile witnesses whereas PW 2 Shaligram Mahto, PW 3 Mahesh Modi, PW 5 Govind Mahto, PW 6 Kanthai Mahto and PW 7 Md. Kasim are tendered witnesses. PW 4 Dinu Modi saw Baiju Prasad quarreling with truck drivers and khalashis. He was collecting tolls as the next following day was Dipawali. PW 10 Ramanugrah Singh is a hearsay witness, who was informed by Sitaram Prasad that someone stabbed Baiju Prasad. PW 12 Bipin Kumar Singh when came to know that Baiju Prasad was stabbed, he went there with BMP Jeep and took the injured to Deoghar Hospital, where he was declared dead by the doctor. Inquest report was prepared on which he signed (Ext. 1/2). PW 13 Ganga Sharma is the eye -witness. PW 14 is Dr. Nimai Chandra Gandhi, who conducted autopsy on the dead body of Baiju Prasad. PW 15 is the Investigation Officer, who investigated the case and PW 16 Shashi Bhushan is the Officer Incharge of Mohanpur Police Station, who submitted charge sheet.
(3.) THE learned 3rd Additional Sessions Judge, Deogarh, relied the evidence of the hostile witnesses and also the eye -witness PW 13 Ganga Sharma and convicted both the appellants under Section 302/34 of the Indian Penal Code, acquitting the six others, and sentence both the convicts to undergo rigorous imprisonment for life.;