Ravi Nath Verma, J. - (1.) The appellants call in question the legality of the judgment of conviction dated 22.6.2015 and order of sentence dated 23.6.2015 passed by Judicial Commissioner -III, Ranchi in Sessions Trial No. 135 of 1994 whereby and whereunder both the appellants have been convicted under Sec. 307/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 10,000/ - each with default clause and further convicted under Sec. 387/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years with fine of Rs. 5,000/ - each with default clause and also convicted under Sec. 325/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. Both the appellants have further been convicted under Sec. 448/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. However, all the sentences have been directed to run concurrently. The backdrop facts, as projected by the prosecution in the first information report, in nutshell, are as follows: - - "On the basis of a written report submitted by the informant Dr. K.K. Sinha on 28.9.1993, Sadar P.S. Case No. 95 of 1993 was instituted under Ss. 447, 341, 323, 325 and 307 of I.P.C. and also under Sec. 27 of Arms Act and subsequently Ss. 25(1)(b)/26/35 of Arms Act were also added with the allegation that on the same day at about 5:10 P.M., when the informant was examining the patients in his clinic, Dr. Arun Sarkar (PW -1), Dr. Mithilesh Das and Dr. Kedar Kulkarni of the informant's Advanced Diagnostic Center entered into his chamber with a set of M.R.I. Films to discuss the matter. The informant then stopped to call the next patient and began discussion on the films and the findings. During discussion, he noticed that a person was trying to enter into his chamber and the compounder was persuading him not to enter since the discussion with the doctors was going on, but that man anyhow entered inside the chamber and also called two of his associates. While discussion was on, two of them slowly walked up to his table and occupied the empty chairs before him but the third person remained standing. When the doctors left the room, the informant enquired from one of them sitting on the chair as to what they want, on this, one of the person identified himself as Kamal Kishore Bhagat (appellant No. 1) and said that they all belong to AJSU Party and introduced his other two associates as Sudarshan Bhagat and Alester Bodra (appellant No. 2). The said Kamal Kishore Bhagat informed that a meeting of his party is scheduled in Patna tomorrow and they are going to participate and they need money and demanded money from the informant which he refused to pay. It is also alleged that the three enraged on his refusal and one of them Sudarshan Bhagat asked him why he would not give them the money and does he understand the consequences of this refusal". Upon which, this informant enquired "does he mean Rangdari (extortion) by force", the said person said "Yes, it is". But even then, the informant refused to pay at which, the said person stood from his chair, stared at the face of the informant and gave a very forceful slap on his left cheek and also gave a forceful fist over his mouth, which resulted injury over his lip and it started bleeding. The informant felt dizzy and was totally amazed to find what had happened because he never expected that a person, who came for such a demand, should give him assault on his face. Thereafter, Kamal Kishore Bhagat gave a blow which the informant tried to defend by putting his right hand but the same caused fracture in his right index finger. It is alleged that Kamal Kishore Bhagat took out his revolver and attempted to kill him at which he started shouting for help. Hearing his cry, his compounder Nawal and several persons, who were waiting as patients or patients' relatives, by opening the door of clinic, entered into his chamber and caught hold of them and saved him. The crowd pulled them out of his chamber and as there was profuse bleeding, the informant was taken inside his residential house, which is within the same compound where the informant heard the sound of gun or revolver firing. The informant also came to know that there were more associates of the assailants who were waiting outside in an Ambassador Car but when they were trying to flee away, the crowd captured them also. Someone informed the police and police arrived there. In the meantime, one of his associate gave a telephonic call to Dr. Mazid Alam (PW -2), who came immediately and took the informant to his Nursing Home for his treatment."
(2.) After due investigation, the Investigating Officer submitted the charge -sheet against two accused persons namely Kamal Kishore Bhagat and Alester Bodra under Ss. 447/34, 323, 325 and 307 of the Indian Penal Code and also under Sec. 27 of the Arms Act showing the third accused Sudarshan Bhagat as deceased. Accordingly, the court took cognizance of the offence and committed the case to the court of sessions for trial. Here, I would like to mention that at the instance of the present appellant No. 2 Alester Bodra, for the same date of occurrence, a case was lodged bearing Bariyatu P.S. Case No. 96 of 1993 against the informant Dr. K.K. Sinha, his son Pappu Sinha and others for committing offence under Ss. 147, 148, 149, 342, 323, 324, 325, 326, 307 and 302 of Indian Penal Code for the murder of Sudarshan Bhagat inside the Campus of the informant of the present case.
(3.) After commitment, the learned Sessions Judge framed charges against the two appellants under Ss. 448, 387, 325 and 307/34 of I.P.C. and also under Sec. 27 of the Arms Act. The defence as made out by the appellants, who had earlier pleaded not guilty to the charges levelled against them and claimed to be tried, in their examination under Sec. 313 of Cr.P.C. stated that they had never assaulted anyone rather when they had gone to meet the doctor for treatment of one of the patient, there was a little hot discussion, whereafter on the direction of the informant, his security guards and his son attacked on them and assaulted them. After which, the appellants and another person became unconscious and the police brought all the three to RIMS for their treatment but one of his colleague Sudarshan Bhagat died during the treatment. The defence had examined one witness i.e. the investigating Officer of the instant case, who was also appointed as Investigating Officer of the case lodged by the appellant No. 2 Alester Bodra.;