R.R.PRASAD, J. - (1.) THIS appeal is directed against the judgment of conviction and and order of sentence dated 01/06/2007 and 04/06/2007 respectively passed in Sessions Trial No. 343 of 2002/ 11 (A) of 2005, whereby and whereunder the appellant having been found guilty for committing murder of Nazma Khatoon and Sahnaz Khatoon, was convicted for the offences under Sections 302/149 and 148 of the Indian Penal Code and also under Section 27 of the Arms Act, and thereby, he was sentenced to undergo R.I. for life and to pay fine of Rs. 10,000/for the offence under Section 302 read with Section 149 of the Indian Penal Code and in default of payment of fine to undergo R.I. for two years. Further he was sentenced to undergo R.I. for two years and three years for the offence under Section 148 of the Indian Penal Code and Section 27 of the Arms Act respectively. Both the sentences were directed to run concurrently.
(2.) IT is the case of the prosecution that on 18/10/2001 at about 12.30 P.M., the informant Sher Khan (PW4), his brotherinlaw Imdad @ Guddu (PW1), his mother Nazma Khatoon and Mausi (mother's sister) Sahnaz Khatoon, left home for coming Sabji Patti Purana Bazar for doing shopping. After purchasing vegetables, when they were returning home reached near Diamond Crossing, the informant (PW4) and Imdad @ Guddu (PW1) stopped there at one Gumti (Kiosk) for purchasing Pan Parag. They asked Nazma Khatoon and Sahnaz Khatoon (both deceased) to go ahead and they will be following them soon after taking Pan Parag. After they purchased Pan Parag, they suddenly saw that eight accused persons including this appellant Sabir Alam coming from the side of Bhuli More Diamond Railway Crossing. All armed with firearms, surrounded Nazma Khatoon and Sahnaz Khatoon. Immediately thereafter the appellant fired shot upon Nazma Khatoon, the mother of the informant, whereas accused Babu Alam fired shot upon his Mausi Sahnaz Khatoon as a result of which both of them fell down on the ground and died. Thereafter, the appellant and four other accused named in the FIR boarded on a Maruti Van bearing registration No. BR 17 K 2188 and fled away towards Diamond Crossing Bhuli Road. Two other accused persons, who have also been named FIR, fled from Hero Honda Motorcycle and one Minhaz alongwith two and three unknown persons fled from there on their foot. Thereupon, when the informant (PW4) and his brotherinlaw Imdad (PW1) came over there they saw both of them dead.
(3.) WHEN the informant and his brotherinlaw Imdad were at the place of occurrence, Gopinath Tiwary (PW9) OfficerinCharge posted at Bank More Police Station, on getting information reached at the place of occurrence alongwith police party. He recorded fardbeyan (Ext.7) at 2.45 PM, which was sent before the police station for registration of the case. On the basis of the said fardbeyan, Dhanbad Bank More P.S. Case No. 564 of 2001 was registered against eight accused persons including this appellant under Sections 147, 148, 149, 341, 342, 324 and 302 of the Indian Penal Code. Meanwhile, he took over the investigation of the case. During that course, he held inquest on the dead bodies of Nazma Khatoon and Sahnaz Khatoon and prepared inquest report (Exts. 3 and 3/1). The Investigating Officer seized one country made pistol with fired empty cartridge as well as one live cartridge, two pairs of ladies slippers and also soil stained with blood. Seizure list was prepared. Thereupon, the Investigating Officer after preparing dead body chalans (Exts. 3/4 and 3/5), sent the dead bodies for Post Mortem examination. On receiving dead bodies Dr. Chandra Shekhar Prasad (PW6) posted at PMCH, Dhanbad did autopsy on the dead bodies of Nazma Khatoon and found following antemortem injuries on her person: "(i) Firearm wound of entrance; 1/4" x 1/4" diameter with inverted margin and thin abraded colour around the margins situated on right temporal region just above the top of pinna of right ear. No evidence of burning, synging or blackening were found at the sight of injury but tattooing was present all over the right temple. (ii) Firearm wound of exit 1/2" diameter with averted lacerated margin situated on the outer angle of left eye whole left eye was found lacerated. No evidence of burning, synging and tattooing or abraded colour was found. (2) Abrasion: 1"x 1" just outside the outer angle of left eye. (3) On dissection, it was found that the bullet entered into the cranial cavity through the injury no. (I) i.e. firearm wound of entrance. There was a hole in the right temporal bone of size 1" x1/4" with multiple linear fractures radiating from it and the longest linear fracture was of right parietal bone about three and half inch long going across the right parietal eminence. The bullet lacerated the brain and meninges extensively broke the left orbital plate and came out from the cranial cavity through injury no.(ii) i.e. firearm wound of exit, producing multiple fractures of frontal bone left side radiating from the sight of exit in the left orbit." Doctor prepared Post Mortem examination report (Ext.2) with an opinion that the death was instantaneous due to aforementioned bullet injury of head and brain. According to him, time elapse since death within six hours. The Doctor also held autopsy on the dead body of Sahnaz Khatoon and found following antemortem injuries on her person: "(i) Firearm wound of entrance 1/4" diameter with inverted margin and thin abraded colour all around the margins situated on the back of lower portion of the right side of neck. No evidence of burning, synzing and tattooing was found (ii) Firearm wound of exit3/4" x1/2" with averted lacerated margins situated on the middle portion front of left side of neck. No evidence of abraded colour, burning seining, blackening and tattooing was found. (2) Lacerated wound 1/2" x 1/2" x bone deep with evidence of burning on the root of left little finger. On dissection, it was found that bullet at first injured the little finger of left hand and then entered into the neck through injury no. (I) i.e. firearm wound of entrance. The injury indicates that at the time of assault deceased had placed her left hand on the right side of neck for the purpose of defence. The bullet lacerated the soft tissues of neck alongwith carotid artery and thyroid on left side and then came out of the body through injury no. (ii) i.e. firearm wound of exit. The bullet also broke the 7th cervical and first thoracic vertebra while passing through the track from right to left side of neck and in the process spinal cord was also lacerated. Doctor issued a Post Mortem report (Ext. 2/1) with an opinion that the death was caused due to aforementioned close shot bullet injury of neck. ;