- (1.) The three appellants namely Surendra Nath Tiwary, Arun Tiwary and Pawan Tiwary were put on trial to face charges under Section 302 read with Section 34, 307 read with Section 34 of the Indian Penal Code on the allegation of committing murder of one Badri Narayan Prasad in furtherance of common intention and also for attempting to commit murder of Rinku Kumar Sinha and in alternative all the three appellants were also charged under Section 302 of the Indian Penal Code. The appellant Pawan Tiwari was further separately charged under Section 27 of the Arms Act for having in possession of a revolver and using the same.
(2.) The Additional Sessions Judge, Fast Track Court- Vth, Giridih by judgment of conviction and order of sentence dated 24.02.2003 passed in Sessions Trial No. 43 of 2001 held the appellant Pawan Tiwary guilty of offence under Section 302 of Indian Penal Code and also under Section 27 of Arms Act and sentenced him to undergo imprisonment for life and rigorous imprisonment for five years respectively. Appellant Pawan Tiwari was further held guilty of attempting to murder Rinku Kumar Sinha punishable under Section 307 read with Section 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 (ten) years. The Court further held the appellants Arun Tiwary and Surendra Nath Tiwary guilty of offence under Section 302 read with Section 34 of Indian Penal Code and sentenced them to undergo imprisonment for life and further held the two appellants also guilty of attempting to commit murder of Rinku Kumar Sinha punishable under Section 307 read with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years and all the sentences were ordered to run concurrently.
(3.) The prosecution story, according to the fardbeyan given by Urmila Devi (P.W.10) recorded by S.I. of Town Police Station, Giridih on 07.07.2000 at 11.00 p.m., is that at about 10.00 P.M., she was sitting in her house when she heard the screaming voice of her son Rinku (P.W.8) and came out of her house along with her husband Badri Narayan Prasad (the deceased) on the road near Kali Manda, she saw that Pawan Tiwary, Arun Tiwary and Surendra Nath Tiwary, who happened to be her neighbour, were abusing her son Rinku Kumar. Thereafter, she along with her husband rescued her son and took him with them and moved towards their house. When they reached near the house of Ram Chandra Pandit which is almost at a distance of 10 meters from her house, one of the appellant Pawan Tiwary came there and restrained her husband and started abusing him and when protested not to abuse, Arun Tiwary and Surendra Nath Tiwary assaulted her husband with fists and slaps and directed Pawan Tiwary to kill all of them. In the meanwhile, Pawan Tiwary fired from his revolver on her husband Badri Narayan Prasad, who after receiving firearm injury fell down in pool of blood. When her son Rinku tried to rescue his father, Pawan Tiwary fired from his revolver upon her son Rinku, which hit on his waist and after receiving the fire arm injury, her son Rinku Kumar also fell down. The appellant Pawan Tiwary again fired one blank shot from his revolver. After hearing the sound of fire and cry of the informant, her two other sons Ravi Shankar Kumar and Jai Shankar Kumar along with Mohalla people Anjani Kumar Sinha and Anand Kumar Verma assembled there and seeing them, the appellants fled away. The Mohalla people took her husband to Vishwanath Nursing Home but her husband was declared dead by the attending doctor. Her son Rinku Kumar was shifted to Sadar hospital from where he was referred to Dhanbad. The informant claimed that the three appellants along with their two or three associates having common intention killed her husband and caused serious injury to her son Rinku Kumar.;