- (1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 18.03.2005 and 19.03.2005 respectively, passed by learned Additional Sessions Judge, F.T.C.IV, Palamu at Daltongunj, in connection with S.T. No. 132/03, corresponding to G.R. No. 1315/99, arising out of Hussainabad P.S. Case No. 101/99, whereby the appellants have been held guilty for the offence punishable under Sections 302/149/148/342 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life under Sections 302/149 of the Indian Penal Code, rigorous imprisonment for one year under Section 148, rigorous imprisonment for six months under Section 342 of the Indian Penal Code and one year imprisonment under Section 27 of the Arms Act. The sentences so passed were directed to run concurrently.
(2.) The facts, appearing from the fardbeyan of Rameshwar Singh, is that on 21.11.1999, at 10:40 hours, near Village Ekauni, within Hussainabad Police Station, District Palamau, in brief, are that in the morning, at 6:00 a.m., Baijnath Singh (son of the informant) left home to call a Carpenter from Village Ekauni. When he did not return within reasonable time, the informant got worried and proceeded to see his son Baijnath. It is disclosed that on the way, near canal, the informant had seen his son Baijnath, accompanied by Lakhan Mistry, coming to village, but, in the meantime, three persons reached to the place and surrounded Baijnath. The informant apprehending danger, ran towards his son, but, till then, those persons compelled Lakhan to flee away from the place. The informant identified the appellants and their associates, who were armed with pistol etc. Appellant Shiv Ram @ Jugal Ram (now dead) opened fire from his pistol causing injuries to Baijnath on his abdomen as a result he fell down. Thereafter, appellant Surajdeo Ram keeping the barrel of the gun at temporal region of Baijnath opened fire. Before the informant reached to his son, he died at the spot. The miscreants after committing murder of Baijnath, fled away along with their associates, who were waiting at some distance. They also raised slogan "Enkalab Zindabad ".
(3.) The motive behind murder has been assigned that the appellant and his associates were under impression that prior to the date of occurrence, appellant was apprehended by the police at the instance of the deceased and they were suspecting that the deceased was the informer of the police.;