Virender Singh, C.J. - (1.) IN all the following nine accused (1) Shamshad Khan (2) Naushad Khan (3) Belal Khan (4) Irshad Khan (5) Shamim Ahmad (6) Faijaan Khan (7) Neyaj Khan (8) Maksud Alam alias Maksud Ansari and (9) Dhurva Das faced the trial in F.I.R. No. 264 of 2000 of Police Station Jora Pokhar (Dhanbad). All the nine accused now stand convicted for the offence of Section 304 (Part II) of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/ - each, in default thereof simple imprisonment for a period of three months. Being aggrieved of the said judgment, accused Dhurva Das alias Dhuraba Das has preferred a separate appeal bearing Cri. Appeal (DB) No. 301 of 2015 whereas remaining eight accused have preferred Cri. Appeal (DB) No. 285 of 2015. Since all the nine accused are praying for suspension of sentence during pendency of the instant appeal, records of both appeals are taken together.
(2.) ONE Bablu Khan is the deceased in this case, who, according to the prosecution, had received injuries at the hands of all the nine accused on 12th October, 2000 at about 8.30 p.m. and was admitted in the hospital on that very date. However, he succumbed to the injuries on 24th October, 2000 and it is thereafter on the following day i.e. 25.10.2000 his father, namely, Shamshad Khan (PW -3) lodged report with the police stating therein that his son while being treated in the hospital on account of injuries received by him at one stage when he could talk, disclosed that all the accused on a particular date i.e. 12.10.2000 at a particular date i.e. 8.30 p.m. had assaulted him from different weapons like rod, hockey sticks, and butt of gun. The exact date of disclosing this fact to the father of the deceased (first informant) is 15.10.2000 whereas first information report vis -a -vis the present occurrence is reported on 25.10.2000. Mr. Tripathy, learned Senior Advocate, appearing for all the nine accused stated that it appears that the police or for that matter the complainant side had given a complete twist to the entire occurrence. He submitted that, in fact, on 12th October, 2000 deceased -Bablu Khan along with one friend namely Naushad alias Bablu had made an attempt to assault Irshad Khan, the accused herein, with a pistol and in fact released a shot from his fire arm. Incidentally Irshad Khan could save himself. He submitted that it is thereafter certain persons from the side of accused -Irshad Khan, all incidentally present there assembled and snatched pistol from the hands of the deceased -Babloo Khan and his friend. However, his friend - Naushad could manage to run away from the scene but deceased Babloo could be nabbed by the persons who had assembled there. Learned counsel submitted that in that occurrence, undoubtedly deceased Bablu had received injuries at the hands of certain persons, who had assembled there. Deceased -Babloo along with his fire arm (pistol) thereafter was handed over to police. Since he had received certain injuries he was shifted to the hospital for treatment. Learned counsel submitted that after the formal arrest of Babloo (since deceased) was made by the police and the recovery memo was also prepared, a request was made by the concerned Investigating Officer before the Ilaka Magistrate on 14th October, 2000, seeking judicial remand of the accused stating that immediately after the arrest of Babloo -deceased, he was shifted to hospital and was getting treatment and whenever he is discharged from hospital, he will be produced before the court for judicial remand.
(3.) IN this regard, Mr. Tripathy has placed on record the copy of FIR registered at the instance of accused -Irshad Khan, the arrest and the recovery memo chart prepared by the police with regard to arrest of Babloo -deceased and the order -sheet dated 14th October, 2000.;