- (1.) ALL these aforesaid appeals, were heard together and are being disposed of, by the common order as all the appeals do arise out of the same judgment of conviction and the order of sentence.
(2.) THESE appeals are directed against the judgment of conviction and order of sentence dated 4th July, 2007 and 07th July, 2007 respectively passed by learned VIth Addl. District and Sessions Judge, (F.T.C. No.3), Godda in Session Trial No.55 of 2000 and Trial No.42 of 2007, whereby and whereunder the court while acquitting the appellants for the charges under Sections 307/149, 436/149 of the Indian Penal Code, convicted the appellants for the offence punishable under Section 302/149 of the Indian Penal Code on being found them guilty for committing murder of Sukhdev Yadav in furtherance of their common object.
(3.) THE case of the prosecution is that on 20.03.2000 which was the day of "Holi", the informant as well as the villagers were celebrating "Holi" festival by beating drums, singing and dancing. They in that course were proceeding towards "Kali -Mandap" in a procession by singing and dancing. As soon as the procession entered into an alley near the house of Ayub Mian at 2 p.m., some of the appellants forbade them from proceeding ahead on the plea that until and unless dispute of construction of that alley is settled, they will not allow them to go to "Kali -Mandap". That led to altercation in between the members of two communities, during which there was brick -batting, whereby, members of each group started pelting stones upon others and firings were also made. In that course, Jiyafat Mian @ Ziyafat Mian (appellant in Cr. Appeal No.879 of 2008) fired shot at Sukhdeo Yadav and then they took him along with them. It appears that Sub Inspector, A. N. Singh, Officer -in -Charge of Godda (M) Police Station when received information that there has been fighting in between the members of two groups in the Village, he reached the Village : -Rajpura and recorded the 'fardbeyan' of Mano Devi (P.W.1) at 9.00 p.m., on the basis of which a formal F.I.R. was drawn and he himself took up the investigation, during which statements of the witnesses were recorded. After ten days of the occurrence, when information was given to the Police that the dead -body of the said deceased has been found buried at the river side, the Police came to that place and found the dead -body buried which was taken out and upon holding inquest on the dead -body, inquest report (Ext.3) was prepared. Thereupon the dead -body was sent for post -mortem examination which was conducted by Dr. Ajai Kumar Jha (P.W.2), who upon holding autopsy on the dead -body of the deceased, did find the following injuries : - "Lacerated injury oval in shape blackened margins inverted present on the right side of chest. 3" above and medial to right nipple about one and quarter inch (1" and 1/4") in diameter." Upon dissection : - No abnormality was found on skull vertebra membrane brain and spinal cord. In thorax injury on right side of chest with fracture of 2nd, 3rd, and 4th ribs was found. Laceration on right side of lung with about one liter blood was also found. Bullet was recovered from back of chest near mind line on left side embedded in muscle. ;