- (1.) Both the criminal appeals, arising out of the same case, were heard together and are being disposed of by the common judgment.
(2.) The appellants were put on trial on the accusation of committing murder of one Sumit Harswardhan by causing firearm injury in furtherance of their common intention. The trial court having found these appellants guilty of the charges convicted them for the offences punishable under Sec. 302/34 of the Indian Penal Code and under Sec. 27 of the Arms Act vide its judgment dated 17.2.2007 passed in Sessions Trial No. 117 of 2002 and sentenced each of them to undergo rigorous imprisonment for life for the offence under Sec. 302/34 of the Indian Penal Code vide order dated 26.9.2007. However, no separate sentence was awarded for the offences punishable under Sec. 27 of the Arms Act.
(3.) The case of the prosecution, as reflected from the fardbeyan (Ext. 3) of the informant -Raghubir Sharan Verma (since died), is that on 5.9.1998 at about 7:00pm while he was in his house, one boy riding a bicycle came there and informed that one of his sons, who was returning from Kagjee Mohalla, along with others has sustained firearm injury and has been taken to the hospital. Upon knowing this, the informant immediately reached to the hospital where he was told by his son -Amit Rajwardhan (P.W.5) that while he along with his other brothers Rohit Yaswardhan (P.W.6), Sumit Harshwardhan (deceased) and three persons were returning from Kagjee Mohalla, both these appellants as well as one Guddu started resorting to firing upon them as a result of which, Sumit Harshwardhan after being hit by bullet fell down there. Thereupon, with the help of others, Sumit Harshwardhan was brought to the hospital where the doctor declared him dead. Meanwhile, the Officer In -charge of Siwan (Nagar) police station on being informed about the incident reached at the hospital where he recorded the fardbeyan (Ext. 3) of informant -Raghubir Sharan Verma (since died) who narrated about the incident as has been stated above. At the same time, it was also stated that on 9.3.1998, appellant -Thakur Ujjwal Kumar @ Raju had come to his house along with one Binod and resorted to firing as a result of which Amit Rajwardhan (P.W.5) had sustained injuries for which a case has been lodged under Sec. 307 of Indian Penal Code On account of it appellant -Thakur Singheshwar Kumar @ Chhote had visited his house along with Bipendra Kumar Verma, a Public Prosecutor, at couple of occasions, for asking him to compromise the case, but he did not agree to their proposal. In the morning also, the appellant -Thakur Ujjwal Kumar @ Raju had come to his house along with Guddu and held out threat of dire consequence.;