- (1.) These criminal appeals have been directed against the judgment of conviction and sentence dated 01.05.2006 passed by the learned Sessions Judge, Palamau at Daltonganj in connection with Sessions Trial No. 249 of 2004, corresponding to G.R. No. 618 of 2004 arising out of District -Palamau, Sadar (Satbarwa O.P.) P.S. Case No. 128 of 2004 whereby appellant Vijay Kumar Soni has been held guilty for the offence punishable under Sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act whereas appellant Subhash Prasad Soni has been held guilty for the offence punishable under Sec. 302/34 and Sec. 307 of the Indian Penal Code and Sec. 27 of the Arms Act. Appellant Vijay Kumar Soni has been sentenced to undergo R.I. for life under Sec. 302 of the Indian Penal Code and seven years R.I. under Sec. 27 of the Arms Act. So far appellant Subhash Prasad Soni is concerned, he has been sentenced to undergo R.I. for life under Sec. 302/34 of the Indian Penal Code, ten years R.I. under Sec. 307 of the Indian Penal Code and seven years R.I. under Sec. 27 of the Arms Act. All the sentences so passed shall run concurrently.
(2.) The case of prosecution, as it appears from the fardbeyan of Sushil Kumar recorded on 18.05.2004 at 22 hours at Satbarwa O.P. within Palamau Sadar police station, in brief, is that on 18.05.2004 at about 21 hours when the informant with his family members and relatives were returning after performing Matkore ceremony (collecting earth from a holy place) and reached near a banyan tree, the appellants with their associates stopped the band party and light men by standing in the middle of the road, exchange of hot words took place between the informant party and the appellants whereafter appellant Vijay Kumar Soni took out a pistol and opened fire causing injury on the head of Kamlesh Prasad (uncle of the informant) from close range. After sustaining injury Kamlesh Prasad fell down. Thereafter appellant Subhash Prasad Soni also took out pistol from his waist and opened fire on the informant which caused abrasion and superficial injury on right side of his back below axillary. Due to the firing resorted, all the persons present in Matkore ceremony scattered. Injured Kamlesh was removed to hospital but declared dead. On the basis of fardbeyan of Sushil Kumar, Palamau, Sadar (Satbarwa O.P.) P.S. Case No. 128 of 2004 dated 19.05.2004 under Sec. 302, 307 & 504/34 of the Indian Penal Code and Sec. 27 of the Arms Act against appellants and their associates Sunil Saw and Nand Lal Saw was registered. The police after due investigation, submitted chargesheet and accordingly, cognizance was taken and the case was committed to the court of sessions and registered as S.T. No. 249 of 2004. Charge under Sec. 302 of the Indian Penal Code against appellant Vijay Kumar Soni, charge under Sec. 302/34 of the Indian Penal Code against appellant Subhash Prasad Soni and accused Sunil Saw and Nandlal Saw, charge under Sec. 307 of the Indian Penal Code against appellant Subhash Prasad Soni and charge under Sec. 27 of the Arms Act against appellant Vijay Kumar Soni and Subhash Prasad Soni have been framed to which they pleaded not guilty and claimed to be tried.
(3.) The prosecution, in order to bring home the charges, examined altogether 18 witnesses and proved post mortem report, injury reports, fardbeyan, inquest reports etc. The learned Sessions Judge, placing reliance on the statement of witnesses and documents, held appellant Vijay Kumar Soni guilty under Sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act whereas appellant Subhash Prasad Soni has been held guilty for the offence punishable under Sec. 302/34 & 307 of the Indian Penal Code and Sec. 27 of the Arms Act and they were sentenced for the respective offences for which they have been held guilty, as indicated above. The learned Sessions Judge did not find accused Sunil Prasad Soni and Nand Lal Sah guilty for the offence under Sec. 302/34 of the Indian Penal Code and they stood acquitted.;