- (1.) Heard the parties.
(2.) This criminal appeal has been directed against the judgment of conviction and sentence dated 02.03.2012 passed by the Sessions Judge, Gumla in Sessions Trial No. 172 of 2002/08 of 2003 arising out of Kamdara P.S. Case No. 37/2000 corresponding to G.R. No. 885/2000 whereby the appellants have been held guilty for the offence punishable under Sec. 302, 307, 148 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay fine of Rs. 1,000/ - each under Sec. 302/149 of the IPC; R.I. for life under Sec. 307 IPC and R.I. for two years under Sec. 148 of the Indian Penal Code and to pay fine of Rs. 1,000/ - each. In case of non -payment of fine amount, the appellants have been sentenced to undergo S.I. For six months each. All the sentences were directed to run concurrently.
(3.) The facts reveal from the fardbayan of Vishambhar Lohra recorded on 19.12.2000 at 7:00 hrs. at Kamdara Hospital is that on 18.12.2000, at about 4:30 p.m., the informant with his younger brother Jaydeo @ Ranthu Lohra had gone to install shop for selling herbal medicines in the village market. In the mean time 6 - 7 miscreants armed with pistol reached to the place. Out of them, Udu Swansi (appellant No. 1), Puna Sahu, Tejua Munda and Roshan Topno @ Boby Munda (appellant No. 2) were identified. The informant apprehending danger, ran from the place but he was followed by the miscreants. Puna Sahu opened fire causing injury to the informant on his left thigh whereas bullet fired by Udu Swansi caused injury to informant on his temporal region. The companion accused also opened fire but somehow the informant escaped and hide himself within forest. Thereafter he reached to his village and took shelter in the house of Ramdhani Singh (P.W. -6). It is disclosed that Jaydeo @ Ranthu Lohra, younger brother of the informant was killed by the miscreants on 19.12.2000. The informant was removed to hospital for his treatment where his statement was recorded by the Police. On the basis of fardbayan of Vishambhar Lohra, Kamdara (Gumla) P.S. Case No. 37/2000, dated 19.12.2000, under Ss. 147, 148, 149, 302, 307/34 of the Indian Penal Code was registered. In course of investigation, the dead body of Jaydeo @ Ranthu Lohra was recovered from a place 400 yards away north from the marked. A pamphlet written by the miscreants, who were members of MCC extremist organisation, was found near the dead body. The pamphlet was containing slogan "Police Dalal Murdabad, MCC Zindabad". The inquest report was prepared, incriminating articles were seized, witnesses were examined and after concluding investigation, chargesheet was submitted and accordingly, cognizance was taken. The appellants namely Jogindra Swansi @ Udu Swansi and Roshan Topno @ Boby Munda were put on trial. Charges under Ss. 302, 307, 147, 148 and 149 of the Indian Penal Code and Sec. 27 Arms Act and Sec. 17 C.L.A. Act were framed to which the appellants pleaded not guilty and claimed to be tried. The prosecution in order to substantiate charges examined altogether thirteen witnesses and proved documents whereas no witness has been examined by the appellants in their defence. The learned Sessions Judge, Gumla at the conclusion of trial, placing reliance on the evidence and documents available on record, held the appellants guilty and inflicted sentence as indicated above. One of the co -accused Mukut Munda stood acquitted from the charges framed against him.;