D.P.SINGH, J. - (1.) BOTH the appeals arising out of same judgment, were heard together and are being disposed of by this common judgment.
(2.) BOTH the appeals are directed against the judgment of conviction and order of sentence dated 11.12.2000 and 23.12.2000 passed by the learned First Additional Sessions Judge, Jamshedpur in Sessions Trial No. 115/98, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections 302/34, IPC and 27 of the Arms Act and sentenced them to serve RI for life under Section 302/34, IPC arid appellants Ajay Barua and Hariom Prasad are further sentenced to serve RI for three years under Section 27 of the Arms Act. However sentenced were directed to run concurrently. The factual matrix leading to these appeals are that the deceased Dr. Capitan Shankar Lal Sharma has got some dispute with Jairam Yadav @ Yuadunandan Singh regarding some properties situated in Jamshedpur town. The prosecution case further is that the deceased has purchased a house on which accused Jairam had also an eye resulting to criminal cases between them. The informant Shiv Kumar Sharma stated that in the evening of 30.6.1997 the deceased Dr. Sharma was ' examining patients as usual in the clinic situated at holding No. D/235, Khuntadih. Further stated the informant along with nurse, PW 2 Sushila Das has gone to the PO with some medicines at about 8 p.m. where the deceased was examining patients. It is further stated that when he was taking instruction from the deceased for the medicine; all of a sudden accused Jairam Yadav, Dudhai Yadav, appellants Ajay and Hariom entered into the clinic. He further asserted that Jairam Yadav, since deceased shouted "kill the doctor, as he is trying to send all of us to jail." As alleged, on this appellants Ajay, Harimom and Dudhai fired upon the deceased from the pistols in their hands. The bullets hit the deceased, blood started coming out of his body. Thereafter all the accused persons ran out of the clinic flashing the guns in their hands.
(3.) IMMEDIATELY the informant along with others carried the deceased to TMH Hospital for medical aid where he was declared dead. The police got information, arrived at the PO and proceeded to TMH to record the statement of the informant. Accordingly, registered Sonari P.S. Case No. 66/97 under Sections 302/34/120 -B, IPC against 8 persons including the appellants. The police investigated the case and finally submitted charge -sheet against 8 persons, who were committed to the Court of Sessions for trial. The learned trial Court framed charges against seven persons including the appellants under Sections 302/34/120 -B, IPC. The appellants were further charged under Section 27 of the Arms Act separately. All the accused person pleaded not guilty and claimed false prosecution. The learned trial Court, after examining the witnesses, found and held only three persons guilty under Sections 302/34, IPC and appellants Ajay Barua and Hariom Prasad were also found guilty under Section 27 of the Arms Act. All other accused persons were acquitted of the charges. Accused Dudhai Yadav died during pendency of the appeal. Both the appellants were sentenced as aforesaid.;