- (1.) The aforesaid appeals are arising out of a common judgment of conviction and order of sentence passed by Additional Judicial Commissioner-XVII, Ranchi in Sessions Trial No. 119 of 2002. By the order of the trial Court dated 24th/ 25th February, 2010, the appellants in the Criminal Appeals have been convicted for life imprisonment for offences punishable under Section 302 to be read with Section 149 of the Indian Penal Code and with fine of Rs. 25000/- each. They have also been convicted for 10 years rigorous imprisonment within for the offence punishable under Section 307 to be read with Section 149 of the Indian Penal Code. They have also been convicted for the offence under Section 27(i) of the Arms Act and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 5000/- each. All these sentences have been ordered to run concurrently. Against this conviction and sentence, the appeals have been preferred by these three appellants, whereas, Cr. Revision Application No. 756 of 2010 has been preferred by the victim (PW.7 son of the deceased) for enhancement of the sentence. CASE OF PROSECUTION
(2.) The case of the prosecution is that on 28-4-2000 at 17.30 (i.e. 5.30 p.m.) the informant Madhu Verma in injured condition, who later on died, gave fardbeyan to police at Sadar Hospital, Siwan that accused Chhote, who had surrendered in one case of kidnapping in the Court and on that day Chhote and others had threatened her in which Bipendra Kumar Verma who is Public Prosecutor, was prominent among those. He also came earlier for compromise. She further alleged that today Baul (accused) who is the son of Thakur Baleshwar with other 8 persons including Shahnawaz who is the resident of Mehadipur and Abhay Pandey who is the resident of Mehadipur came at the residence of Madhu Verma on motorcycle armed with AK-47 gun capable of being folded and they kept their arms after folding the same. After giving the aforesaid statement of the informant Madhu Verma expired when she was on her way to PMCH Hospital, Patna. Husband of the informant expired on the spot due to indiscriminate firing. In this incident, daughter of the deceased, Smt. Shilpi Verma (PW.9) also sustained injuries.
(3.) Investigation was started, police recorded statement of several witnesses and collected several evidences, charge-sheet was filed against nine accused, out of which two accused jumped the bail and absconded. The trial was separated and seven accused persons faced the trial, out of which three have been acquitted who are Bipinendra Kumar Verma, Thakur Ujjawal Kumar alias Raju and Thakur Singhewar Kumar alias Chhote, who are original accused Nos. 5, 6 and 7 in the Sessions Trial No. 119 of 2002, whereas, original accused Nos. 1, 2, 3 and 4 have been convicted. Out of these four convicted accused, original accused No. 3, namely Vinod Kumar alias Vinod Krishna has expired in the jail during his treatment in the hospital and, therefore, his appeal being Cr. Appeal (DB) No. 278 of 2010 stands abated which has been disposed of by separate order.;