Dhrub Narayan Upadhyay, J. - (1.) These Criminal Appeals have been preferred against the judgment of conviction and order of sentence dated 4th April, 2006 and 7th April, 2006 respectively, passed by the Additional Sessions Judge, F.T.C., Sahibganj in connection with Sessions Case No. 48 of 2004 corresponding to G.R. Case No. 224 of 2003, arising out of Sahibganj(T) P.S. Case No. 92 of 2003, whereby the appellants have been held guilty for the offence punishable under Ss. 302, 120(B)/34 of the Indian Penal Code and Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life under Sec. 302/34 and 120B of the IPC and further sentenced to undergo R.I. for five years for the offence u/s. 27 Arms Act.
(2.) The fact emerges from the fard -beyan of Arun Kumar (deceased), recorded on 16.8.2003 at 21:30 hrs. at Sadar hospital, Sahibganj is that on 16.8.2003 at about 9 p.m. the informant returned home along with his brother Anant Kumar from his shop on motorcycle. No sooner the informant was going to change his dress, appellant Kanchan Sinha called him and told that forget the previous incidents which had taken place and accompany him for smoking. The informant then proceeded along with appellant Kanchan Sinha. It is alleged that after covering some distance when they reached near the garage of Israil, the informant noticed presence of five to six persons and out of them identified the appellants Bablu Yadav and Babloo Rajak. It is further alleged that appellants and their associates who were present near the garage, started dragging the informant to nearby alley approaching to Priya Hotel. It is further alleged that Bablu Yadav of Talbanna opened fire causing injury to the informant on his abdomen and after sustaining injury he fell down. Thereafter, another shot was fired by appellant Kanchan Sinha which also caused injury to him on his abdomen. Babloo Rajak opened fire too, from his pistol. The appellants after causing injuries to informant, fled away towards vegetable market. Thereafter, family members of informant reached to the place of occurrence and took him to Sadar Hospital, Sahibganj for treatment. On the way, the informant disclosed names of appellants before his family members. It is disclosed that on 14.8.2003 the appellants had been to the shop of informant and hurled threat and abused for not providing vehicle to them. On the basis of fard -beyan of informant Arun Kumar (deceased), Sahibganj (T) P.S. Case No. 92 of 2003 dated 16.8.2003 U/s 307/34 I.P.C. was registered. After death of informant Sec. 302 I.P.C. was added. Some sorts of treatment were provided to the injured informant in Sadar Hospital, Sahibganj but, for better treatment he was removed to Silliguri but, could not survive and died. The Police after due investigation submitted charge sheet and accordingly cognizance of the offence was taken and the case was committed to the Court of Sessions and registered as Sessions Case No. 48 of 2004.
(3.) The appellants stood charged for the offence punishable under Ss. 302/34,120B Indian Penal Code and 27 of the Arms Act to which they pleaded not guilty and claimed to be tried. To substantiate the charges the prosecution has examined altogether nine witnesses and proved documents like fard -beyan, inquest report, post -mortem report, seizure list etc. The learned Additional Sessions Judge placing reliance on the evidence and documents available, held the appellants guilty for the offence punishable under Sec. 302, 120B, 34 I.P.C. and 27 Arms Act and sentenced them as indicated above.;