LAKSHMAN URAON,J. - (1.) THE appellants have preferred this appeal against the judgment and order of conviction dated 22.8.2001 and sentence dated 24.8.2001 passed by Shri Mahesh Prasad Tiwari, learned Sessions Judge, Deoghar in Sessions Trial No. 60 of 1992 convicting the appellants under Section 302 read with Section 149, IPC and under Section 147, IPC sentencing each of them for life imprisonment under Section 302/149, IPC and R.I. for one year under Section 147, IPC directing both sentences in each count in respect of both the convicts shall run concurrently.
(2.) THE facts leading to this criminal appeal arises on the fardbeyan of Gautam Prasad Singh (PW 6) recorded by Inspector L.M. Prasad (PW 7) of Deoghar PS on 25.4.1989 at 9.00 a.m. in Deoghar Hospital on which informant signed (Ext. 2) Informant along with Prem Kumar Singh (not examined) was sitting at Machhalia Kothi of his uncle Ramawatar Singh at Bilasi town outside the gate south of chabutara, whereas Kantu Singh (PW 9) was sitting towards north of chabutara. At that time, S.N. Mishra S.N. Choudhary went there Gajendra Singh (deceased) and Prem Singh were talking. In the meantime, S.N. Choudhary and S.N. Mishra went away. Soon after two minutes. 5 -6 persons were seen coming leapingly out of them he identified both these appellants - Shiv Prasad Sharma and Ajit Sharma. Out of them, three persons hurled bombs one each at Gajendra Singh. Gajendra Singh died at the spot due to bomb explosion. Prem Singh sustained injuries due to bomb splinters Kantu Singh (PW 9) who was sitting on another chabutara escaped minutely. On that very day at about 4.00 p.m. a maruti van, driven by appellant Ajit Sharma, stopped in front of his house at Harbans Bhavan. One person came out of the van and inquired about Gajendra Singh (deceased) and the informant as to where they were. Brother -in -law of the informant, namely Jai Govind Sharma (PW 10), had enmity with his brother -appellant Shiv Prasad Sharma regarding landed properties. Informant and his deceased brother were helping in agricultural work to their brother -in -law Jai Govind Sharma at village Banki. The appellants only due to that reason had threatened the informant and his brother to implicate them in false cases if they did not discontinue helping their brother -in -law Jai Govind Sharma in this agricultural works. Due to that animosity, both the appellants with the help of their men murdered Gajendra Singh and injured the informant. The appellants on earlier occasion also had threatened Ram Govind Sharma (PW 11) for which a case under Section 307, IPC at Banka PS was registered against them Informant claimed that when he saw the suspects leaping towards them, he flashed torch -light and in that light, both the appellants were identified. He suspected that fn the alleged commission of offence, there is active role of S.N. Mishra, S.N. Choudhary. and Upendra Singh were sent at Deoghar few days prior to the alleged occurrence; used to threaten the informant and his brother. On that day also, 15 -16 persons were on car, jeep and Maruti van roaming at Deoghar. The appellants were charged under Sections 302, 302/149, 147 read with 120B and 324, IPC and also 3/4 of the Explosive Substance Act.
(3.) THE prosecution examined 11 witnesses in order to substantiate the charges, whereas the defence -appellants also produced 7 witnesses to prove the alibi taken at the earliest stage of investigation to show that they were not present at Deoghar when the alleged occurrence took place, rather they were residing at Bhagalpur. The learned Sessions Judge, Deoghar considered the evidence of both the parties and convicted the appellants under Section 302 read with 149, IPC and 147, IPC acquitting them from the charges framed under Sections 302, 120B, 324, IPC and 3 and 4 of the Explosive Substance Act.;