- (1.) All the appellants on being tried, have been found and held guilty for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act by common judgment dated 28-9-2001 and 3-10-2001 respectively passed by the 1st Additional Sessions Judge, Bokaro in Sessions Trial No. III of 1998 and sentenced to undergo rigorous imprisonment for life each on both counts. As all the appeals arise out of the same judgment, they have been heard, together and are being disposed of by this common judgment.
(2.) The factual matrix leading to these appeals are that in the night of 23-8-1997, informant Ajay Singh, was sleeping inside his house and woke up on sound of firing of bullet. As further stated, he came out of the room to see all the appellants along with Niranjan Singh fleeing from the verandah of his ration shop carrying pistol towards north east. As further alleged, he found that his servant Pintu Karmkar was lying dead in a pool of blood on the Chowki. He further found that the deceased has got a bullet injury on the side of his head. Further stated Mohalla people assembled and they started chasing the appellants. According to the appellant Pappu Choudhary fired upon the chasing persons and threatened if any one comes near, he will also be killed.
(3.) In the meantime, the I.O. of the case arrived at the place of occurrence and participated in the chase, while appellants including Niranjan Singh could manage to flee, appellant Pappu Choudhary was arrested by the Mohalla people ultimately from the house of Gama Singh. According to the informant, appellant Pappu Choudhary was handed over to the police inspector where he admitted before all of them that he has committed the offence. The reason behind this occurrence is said to be some scuffle taking place on 1-8-1997 between the brother of the informant and three other co- accused persons for teasing the female inmates of his house.;