LAKSHMAN URAON, J. - (1.) PETITIONER has challenged the order of conviction and sentence dated 16.5.2000 and sentence dated 17.5.2000 passed by Shri Jai Nandan Sharma, learned 1st Additional Sessions Judge, Chatra in Sessions Trial No. 263 of 1998 convicting him Under Sec.302, Indian Penal Code and Sec.27 of the Arms Act and sentencing him to undergo imprisonment for life and RI for two years respectively.
(2.) INFORMANT Bhola Prasad Jaiswal, a friend of deceased Rakesh @ Anjani Prasad, on 1.1.1998 at 8.30 p.m. proceeded for their respective homes. On their way, Rakesh @ Anjani Prasad informed that his younger daughter and son liked to take sweets, hence on his request they went to a nearby chowk. On their way, he saw appellant Prem along with one unknown boy at Kishori Chowk. Thereafter, as it was New -Year Day hence Rakesh requested to take wine. They went to the wine shop of Chando Ram (PW 9). They purchased two pouches countrymade wine and took it. Thereafter they proceeded ahead and reached Pirpati mohalla, Anda Gali near the house of Riyasat Hussain and Jabbar Khan at 9.30 p.m. All of a sudden, two boys went there. One of them fired on the parietal region of Rakesh by touching. On being Injured, Rakesh fell down. Accidentally, the torch which was in the hand of the informant got flashed. At the flash of torch - light, he identified this appellant Prem Kumar. Prem Kumar also pointed pistol at the informant and threatened to school him if he does not flee away. He could not identify the other who had covered himself with chadar. Informant out of fear fled and went to the house of Madan Babu. After sometimes, when he became normal, informed that Rakesh was shot at Anda Gali by Prem. Thereafter informant along with Ajay Kumar (PW 7), Madan Mohan Lal, Dhiraj Kumar Jaiswal (PW 2), Ranjit Kumar Verma, Bablu Kumar (PW 14) and Santosh Kumar went to Anda Gali and found Rakesh dead. They were nervous. In the meantime, the nearby persons asked them is to who were they suspecting the informant and his associates to have caused murder of a person. When the informant heard, he and his associate out of nervousness fled away. While fleeing away, his hawai chappal remained at the spot. After sometimes, informant was going to the police station to inform about the alleged occurrence, then he met police force at Kishori Chowk where his statement was recoded on which he signed (Ext. 6) in presence of Md. Mustaque Alam and Deepak Kumar Verma who also signed on it, Ext. 6/2 and 6/1 respectively. After investigation the IO submitted charge -sheet against the sole appellant -accused under Sections 302, Indian Penal Code and 27 of the Arms Act. The appellant denied the charges framed against him. Although he has not examined any defence witness, but the trend of the cross - examination is that he is innocent and has falsely been implicated by the informant only to save his own skin in collusion with the IO Bindeshwari Prasad Mishra.
(3.) THE prosecution in order to substantiate charges has examined 14 witnesses, out of them PW 1 Moti Bhagat is hostile witness, PW 2 Dhiraj Kumar Jaiswal and PW 3 Nissar Ahmad are tendered witnesses. PW 4 Chitra Pradhan is the wife of the deceased Rakesh Prasad @ Anjani Kumar and PW 5 Preeti Kumari is the daughter of the deceased. PW 6 Babuni Sao is another tendered witness. PW 7 Ajay Kumar Gupta is the hearsay witness who was informed by the informant PW 12 Bhola Prasad Jaiswal that Rakesh was shot dead but did not name the assailant. He is also a hostile witness. PW 8 Dr. Narendra Kumar conducted autopsy on the dead body of Rakesh Prasad @ Anjani Kumar. PW 9 Chando Ram, wine shopkeeper, has deposed that informant purchased two pouches of wine each containing 200 ml at Rs. 16/ -. PW 10 Mukhtar Alam is the independent natural witness whose house is near the P/O who came out of his house on hearing the sound of firing and saw the dead body. PW 11 Uma Shankar Prasad Singh is a formal witness who has signed on the inquest report (Ext. 4) and seizure -list (Ext. 5). PW 12 Bhola Prasad Jaiswal lathe informant and PW 13 Bindeshwari Prasad Mishra is the IO of this case, whereas PW 14 Bablu Kumar was also declared hostile by the prosecution.;