Ravi Nath Verma, J. - (1.) In these appeals, the appellants challenged the correctness of the judgment of conviction dated 03.09.2004 and order of sentence dated 04.09.2004 passed by Sessions Judge, Palamau in Sessions Trial No. 220 of 2003 whereby and whereunder, the appellant - Mohammad Ali has been convicted under Sec. 302 I.P.C. and sentenced to undergo rigorous imprisonment for life and also convicted under Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. The other two appellants Annu Hawari and Sheru Quraishi have been convicted under Sec. 302/34 of I.P.C. and sentenced to undergo rigorous imprisonment for life.
(2.) Filtering the unnecessary details, the case of prosecution, which is based on the fardbeyan of Shamima Khatoon (PW -5) recorded by Sub -Inspector Prem Mohan at Sadar (Town) hospital, Daltonganj at 7:30 P.M., in short, is that she along with her brother Babloo Quraishi (since deceased) were sitting outside her house and at about 6:45 P.M. when Babloo tried to move towards the river side, she protested and requested him not to go to the river side as Mohammad Ali, Md. Sheru and Annan @ Anu Hawari are sitting there but by then, her brother had reached near the house of Shamim Ryne. Suddenly from river side, all the three above persons came there riding on a black motorcycle and stopped their vehicle and started abusing her brother. She rushed to the place but by then Mohammad Ali, who was having a pistol in his hand, shot fire from the said pistol causing injury in stomach of her brother. After sustaining injury, her brother fell down whereafter all the three accused persons fled away on the same motorcycle. The informant with the help of local people brought her brother to Sadar Hospital but Babloo succumbed to his injuries during treatment. The motive, as disclosed in the fardbeyan, is that there was some dispute between the deceased and the accused persons and for that accused persons had earlier threatened him of dire consequence. On the basis of the fardbeyan, Palamau (Town) Sadar P.S. Case No. 144 of 2002 was instituted on 29.05.2002 at 9:15 p.m. under Sec. 302/34 I.P.C. and also under Sec. 27 of Arms Act.
(3.) On completion of investigation, police submitted the charge -sheet against the three appellants. Accordingly, cognizance of offence was taken and the case was committed to the court of sessions where the charge against the appellant - Mohammad Ali was framed under Sec. 302 I.P.C. and also under Sec. 27 of Arms Act for committing murder of Bablu Quraishi and against two appellants Sheru Quraishi and Annan @ Annu Hawari, charge was framed under Sec. 302/34 of I.P.C. for committing murder of the said Babloo Quraishi in furtherance of common intention.;