- (1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 21st June, 2004 and 23rd June, 2004 respectively, passed by the Additional Sessions Judge, Fast Track Court, Sahibganj in connection with Sessions Trial Case No. 220 of 2000 arising out of Sahibganj P.S. Case No. 65 of 1998, whereby appellants have been held guilty for the offence punishable under Ss. 302/34 of the Indian Penal Code and 27 Arms Act and sentenced to undergo rigorous imprisonment for life u/s. 302/34 I.P.C. and further sentenced to undergo rigorous imprisonment for three years u/s. 27 Arms Act. The prosecution case as it appears from the fardbeyan of Kailash Yadav (PW -7) recorded on 17.5.1998 at about 22:30 hrs. at Talbana Pakki Road near Rai Bahadoor Bagicha within P.S. -Sahibganj (Sadar) in brief, is that, on 17.5.1998 while the informant with his nephew Jitendra Yadav was present at Durga Sthan, Talbana, heard sound of firing and they proceeded towards that direction. On the way they saw the appellants having fire -arms in their hands coming from the place of occurrence. The informant and his nephew then proceeded ahead and they met with a person coming on a bicycle who told them that a person has been shot at and he is lying injured. Thereafter, the informant with his associate Jitendra rushed to the place of occurrence and found Manoj Kumar Yadav lying dead having gun shot injury. The matter was reported to the police. Fardbeyan of informant was recorded and Sahibganj P.S. Case No. 65 of 1998 dated 18.5.1998 u/s. 302/34 I.P.C. and 27 Arms Act against the appellants and other accused persons was registered. The investigating officer after due investigating submitted charge -sheet, accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Trial No. 220 of 2000.
(2.) The charges under Ss. 302/149, 148 Indian Penal Code and 27 Arms Act were framed against all the named accused including the appellants. The prosecution in order to substantiate the charges has examined altogether eleven witnesses out of whom PW -2, PW -10 and PW -11 have turned hostile. The learned Additional Sessions Judge placed reliance on the statements of material witnesses and held the appellants and Brahmdeo Singh guilty under Sec. 302/34 of the Indian Penal Code and 27 of the Arms Act. Whereas Ramdhyan Singh has not been found guilty for any of the offence for which he has been charged and he stood acquitted.
(3.) Besides present appeal Criminal Appeal No. 1622 of 2004 was preferred by co -convict Brahmdeo Singh but in course of trial he died as a result of which Criminal Appeal No. 1622 of 2004 stood abated vide order dated 14.7.2006.;