- (1.) This appeal is directed against the judgment of conviction 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 & 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 (PW-4), his brother-in-law Imdad @ Guddu (PW-1), 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 (PW-4) and Imdad @ Guddu (PW-1) 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 (PW-4) and his brother-in-law Imdad (PW-1) came over there they saw both of them dead.
(3.) When the informant and his brother-in-law Imdad were at the place of occurrence, Gopinath Tiwary (PW-9) Officer-in-Charge 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 & 3/5), sent the dead bodies for Post Mortem examination. On receiving dead bodies Dr. Chandra Shekhar Prasad (PW-6) 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" x 1/4" 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.;