- (1.) This appeal has been directed against the judgment of conviction and order of sentence dated 9th August, 2007 and 10th August, 2007, respectively, passed by learned additional Sessions Judge, F.T.C. No. 1, Palamu in connection with Sessions Trial No. 250 of 2004, arising out of Lesliganj P.S. Case No. 64 of 2003 dated 19th September, 2003, corresponding to G.R. No. 1244 of 2003, whereby the appellants have been held guilty for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/ -, each, and in default of making payment of fine further imprisonment of three months.
(2.) The prosecution case, in brief, is that on 18th September, 2003, at about 8:00 p.m., while the deceased -Hridyanand Manjhi was sitting on a cot in front of his house, both the appellants appeared and Dhaneshwar Manjhi opened fire from his pistol, as a result Hridyanand Manjhi sustained injury and fell down. Sumitra Devi (informant), who happens to be wife of the deceased rushed behind the appellants and she could notice some more accused, who were hiding near the house, joined the appellants. Fardbeyan of Sumitra was recorded on 19th September, 2003 at about 15:30 hrs. and Lesliganj P.S. Case No. 64 of 2003 dated 19th September, 2003, corresponding to G.R. No. 1244 of 2003, under Ss. 302 and 120B of the Indian Penal Code and Sec. 27 of the Arms Act was registered. The informant has named as many as nine accused, including the appellants. The police after due investigation submitted charge sheet against all the accused and they were put on trial after commitment of the case.
(3.) The appellants were charged for the offence punishable under Sec. 302 of the Indian Penal Code on 10th February, 2005, whereas remaining seven accused stood charged for the offence punishable under Sec. 302/149 of the Indian Penal Code. The prosecution, in order to substantiate the charges, examined altogether six witnesses and proved documents, like Fardbeyan, formal first information report, inquest report etc. Learned Additional Sessions Judge at the conclusion of trial, relying on the evidence and documents available on record, acquitted remaining seven accused persons, holding that the prosecution has failed to substantiate charge under Sec. 302/149 of the Indian Penal Code, but held the appellants guilty for the offence punishable under Sec. 302 of the Indian Penal Code and hence this appeal.;