Aparesh Kumar Singh, J. - (1.) THE sole appellant herein is aggrieved by the judgment of conviction dated 07.11.2003 and order of sentence dated 12.11.2003 passed by the learned Sessions Judge, Palamau, Daltonganj in Sessions Trial No. 428/2001 for the offences under section 302 read with section 149 of the Indian Penal Code whereby he has been sentenced to undergo imprisonment for life. He has been further convicted for the offences under sections 148 of Indian Penal Code and section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years each. All the sentences to run concurrently.
(2.) APPELLANT herein along with four other co -accused persons were charged for the offences under section 147, 148, 302/149 and 323 of the Indian Penal Code besides 27 of the Arms Act for committing rioting with deadly weapons and murder of one Nandu Ram in prosecution of their common object and also for voluntarily causing hurt to Jawahar Ram. They were also charged for unlawful use of firearms during the same transaction of offences. Prosecution story, as unfolded on the basis of the fardbeyan of the informant (P.W. 8), is that quarrel took place between the informant and accused appellant Kapil Mishtry in respect of construction of a road for which contract was taken by the appellant herein without getting it passed in the Aam Sabha. On protest of Aam Sabha, the Deputy Commissioner, Palamau had stayed the construction of the road. As a result, the accused Kapil Mishtry could not encash the cheque from the Bank which led to altercation on several occasions. On 09.04.2000 at 9.00 PM, 8 -10 persons including accused persons called upon the informant (P.W. 8) and his son Sunil Kumar (P.W. 3) and Nephew Sitaram Paswan (P.W. 5). Upon orders of the accused appellant, other accused persons tied the hands of the informant's son and nephew named above. The informant protested and caught gun of the accused appellant Kapil Mishtry, whereupon the appellant -accused gave a blow with butt portion of the gun on his head. However, on hearing the sound of whistle, all of them fled away. However, they came again within 15 minutes while shooting fire. Though, all others fled away, but the informant's younger brother (deceased) Nandu Ram was caught by them and the accused Kapil Mishtry and Kamlesh shot him dead and thereafter fled away.
(3.) BASED upon the aforesaid allegations, FIR was registered on 10.04.2000 at Chattarpur P.S. bearing No. 34/2000 at 6.30 AM under the aforesaid sections. After the investigation was complete, and the case was committed to the Court of Sessions, accused persons pleaded not guilty to the charges and were sent up for trial. However, rest of the accused persons who faced trial along with this appellant, were acquitted of all the charges as the learned Trial Court found no evidence against them in support of the charges.;