- (1.) All the appellants stand convicted under Section 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellant Rajesh Prasad in Cr. A. 414 of 2000 has further been convicted under Section 27 of the Arms Act and sentenced to serve R.I. for 3 years under Section 27 of the Arms Act and his sentences have been ordered to run concurrently.
(2.) Briefly stated the prosecution case is that in the evening of 11-4-93 at about 8 p.m. appellant Kajal Manjhi was abusing the deceased Md. Hussain (a Telco employee) near his residence, situated in the outhouse of Bungalow No. 5 Golmuri Road, Jamshedpur. According to the prosecution, some exchange of hot words took place after which appellant Kajal was pushed from the place on which appellant left the place threatening that he will come back after making preparation. Further stated at about 8.45 p.m. while the deceased was sitting in the Veranda of his house, all the appellants along with Chota Kale and one Babu arrived there and started assaulting the deceased. The informant (Mehrunnisa) asserted that when her husband tried to retaliate, appellant Kajal asked the appellant Rajesh to kill the deceased on which he took out a country made pistol from his waist and fired upon the deceased. The deceased receiving the bullet injury fell down after which all the assailants fled away. The incident was seen by the house inmates and appellants were named in the Fardbeyan. The deceased was taken for his treatment to Tinplate Hospital where he was declared dead.
(3.) The police reached Tinplate Hospital and recorded the statement of P.W. 3. Mehrunnisa wife of the deceased in presence of witnesses on the basis of which Golmuri P.S. Case No. 76 of 1993 under Section 302/34 of the Indian Penal Code and 27 of the Arms Act was registered against five persons. The police seized the dead body, prepared inquest report and started investigation to finally submit charge-sheet against four persons, 3 appellants and one Chota Kale. However, during trial Chota Kale absconded and his trial was separated. The appellants Kajal and Khemlal were charged under Section 302/34 of the Indian Penal Code while appellant Rajesh Prasad (in Criminal Appeal No. 414 of 2000) further charged under Section 302 Indian Penal Code and 27 of the Arms Act. The appellants have pleaded not guilty and claimed false prosecution. However the trial Court found and held all of them guilty for the charges framed against them. They were separately sentenced to serve R.I. for life. The appellant-Rajesh Prasad was further sentenced to serve R.I. for three years under Section 27 Arms Act.;