D.P.SINGH, J. - (1.) THE appellants {in Criminal Appeal No. 237 of 1999(R) and Criminal Appeal No. 238 of 1999(R)} on being tried together, have been found and held guilty for the offence under Sec.302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and appellant Md. Tahir Ansari in Criminal No. 238 of 1999(R) has been further found and held guilty for the offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years, by the 2nd Additional Sessions Judge, Chatra by common judgment dated 10.6.1999 and 16.6.1999 in Sessions Trial No. 277 of 1997 | 222 of 1997. However, all the sentences passed against appellant Md. Tahir Ansari were ordered to run concurrently. As all the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.
(2.) FACTUAL matrix leading to these appeals is that long -standing dispute between the deceased and the appellants has resulted the present occurrence. According to informant Md. Anwar, in the morning of 20.7.1996 appellant Qayum Ansari approached his father late Abdul Rahman to settle the disputes by filing appropriate petitions in the Court. As further stated, in the morning, appellant Qayum Ansari arrived at his house and requested the deceased to go along with him to Chatra Civil Court for needful. Further stated, his father started for Chatra Civil Court carrying documents with appellant Qayum Ansari. The informant also followed him. Further stated, when they reached on the pitch road at about 6.30 A.M., another appellant Tayaib Ansari joined them. However, when they reached fifty yards east of Chaukhra More (Datami), appellant Md. Tahir Ansari reached on a bicycle in front of them. According to the informant, as soon as appellant Md. Tahir Ansari got down from the bicycle, both the appellants asked him to kill his father. After which, appellant Md. Tahir Ansari took out a country made pistol from his waist and shot Abdul Rahman twice hitting on his chest and right temporal region resulting in his instantaneous death. The informant raised alarms on which witnesses arrived there, named in the fardbeyan. In the meantime, the appellants fled away. Huterganj Police arrived at the place of occurrence by 8.30 A.M., recorded the fardbeyan of the informant, prepared inquest report, seized the empty cartridge and bloodstained bag as well as soil from the place of occurrence. The police further registered a case under Sec.302/34 of the Indian Penal Code and Sec.27 of the Arms Act against the appellants to submit charge sheet after investigation. Their cases were committed to the Court of Sessions for trial where they were charged jomtty under Sec.302/34 of the Indian Penal Code and appellant Md. Tahir Ansari further under Sec.27 of the Arms Act on 26.7.1997 to which they pleaded not quilty, they further claimed false implication due to previous enmity. However, the learned trial court after examining the witnesses found and held all of them guilty under Sec.302/34 of the Indian Penal Code and appellant Md. Tahir Ansari further found and held (SIC) under Sec.27 of the Arms Act and sentenced to serve rigorous imprisonment as mentioned aforesaid.
(3.) THE present appeals have been preferred mainly on the grounds that the appellants have been implicated in this case without any basis. It is further submitted that all the eyewitnesses are tutored, related and improbable. It is also asserted that the informant himself could not be an eyewitness of the occurrence. According to this memo of appeal, the learned trial court has not considered the ircumstances in right perspective and ignored the vital contradictions or the prosecution case. Mr. Singh, learned Counsel for the appellants further stressed before us that on proper scrutiny, the falsity of the prosecution version may be available. It was also stressed that the weapon of assault was neither recovered nor produced before the trial court. Further much stress was led on the changing version of P.W. 3 Ram Brikch Yadav and hostile witnesses, P.W.1, P.W.2, P.W.7 and P.W.13.;