- (1.) These criminal appeals have been directed against the judgment of conviction and order of sentence dated 25th August, 2007 and 30th August, 2007, respectively, passed by learned Sessions Judge, Giridih in connection with Sessions Trial No. 250 of 2004, arising out of G.R. No. 358 of 2004, corresponding to Gawan P.S. Case No. 6 of 2004 whereby the appellants have been held guilty for the offences punishable under Sections 364/34 and 323/34 IPC, whereas the appellants, namely, Gopal Singh and Prasadi Yadav have further been held guilty for the offence punishable under Section 302 IPC and Section 27 of the Arms Act. All the three appellants have been sentenced to undergo rigorous imprisonment for ten years under Section 364/34 IPC, but no separate sentence under Section 323 IPC has been inflicted. The appellants-Gopal Singh and Prasadi Yadav have been sentenced to undergo rigorous imprisonment for life under Section 302 IPC and rigorous imprisonment for five years under Section 27 of the Arms Act. All the sentences so passed shall run concurrently.
(2.) The prosecution case, as it appears from the Fardbeyan of Shyam Sunder Sao - P.W. 2, recorded on 26th February, 2004, at 21:00 hours, at Village-Kharsan Devtan, within Gawan Police Station, District-Giridih, in brief, is that while the informant was returning home after placing cow and ox in the cowshed, he was intercepted by a person, who was having rifle in his hand. The miscreants asked identity of the informant and then started dragging him. The former accused was assisted by his two associates, who were also armed with rifle. Suspecting untowards, the informant started raising alarm, which attracted his wife-Indu Devi, who also came out of the house and joined her voice with her husband. It is disclosed that the accused persons had been dragging the informant towards graveyard and to stop protest made by him he was also assaulted by the miscreants by means of butt of the rifle. On Halla Shiv Narayan Sao ran behind the miscreants, but he was shot at and died, on the spot. Thereafter, Karu Rai, another villager, tried to extend rescue, but he also met with same fate and died at the spot after having gunshot injury. The miscreants left the informant at the place of occurrence and then fled away. On the basis of Fardbeyan of Shyam Sunder Sao, Gawan P.S. Case No. 6 of 2004 dated 27th February, 2004 under Sections 302, 364-A. 307, 323 and 34 IPC was registered.
(3.) The police after due investigation submitted charge-sheet against the appellants, who were apprehended during trial, and, accordingly, cognizance under Sections 302, 307, 364-A, and 323/34 IPC was taken and the case was committed to the Court of Session and registered as Sessions Trial No. 250 of 2004. Charges under Sections 323/34, 364-A/' 34, 307/34 and 302/34 IPC and Section 27 of the Arms Act against appellant-Gopal Singh were framed on 17th February. 2005, whereas charges under Sections 323/34, 364-A/34, 307/34 and 302/34 IPC and Section 27 of the Arms Act were framed against appellants-Prasadi Yadav and Pradeep Paswan on 2nd April, 2005 in connection with Sessions Trial No. 250 of 2004(A). The appellants were put on trial. Sessions Trial No. 250 of 2004 and Sessions Trial No. 250 of 2004(A) were amalgamated vide order dated 2nd April, 2005.;