ANANDA SEN, J. - (1.) Both the appeals, arising out of the common impugned judgment, were heard together and are being disposed of by the common judgment.
(2.) The appellants have preferred these appeals challenging the judgment of conviction and order of sentence dated 14th November, 2005, passed by the Additional Sessions Judge, F.T.C.-V, Deoghar in Sessions Case No. 312 of 2004, by which all the appellants have been convicted for committing an offence under Sections 302/34 of the Indian Penal Code, and have been sentenced to undergo imprisonment for life for offence under Section 302/34 of the Indian Penal Code, along with a fine of Rs. 5000/- each and in default of payment of fine, further imprisonment for one year. The appellants, Shambhu Pandit and Puran Sah (in Cr. Appeal No. 23 of 2006) have also been convicted for committing an offence under Section 27 of the Arms Act and have been sentenced to undergo R. I. for 7 years for the said offence. However, both the sentences were directed to run concurrently.
(3.) It is stated that appellant Ram Pandit of Cr. Appeal (DB) No. 353 of 2006 died during pendency of the appeal and, therefore, his appeal bearing Cr. Appeal (DB) No. 353 of 2006 is abated vide order dated 6th December, 2016. 3.A. A First Information Report was lodged on the basis of fardbeyan of one Rajesh Kumar Rai (PW9) on 17.10.2003 at 20.30 hours in Village Kanudih, stating therein that his late father Mahendra Pd. Rai was running a Grocery shop for the last 10 years on a piece of land belonging to the accused Ram Pandit in Hamlet (Tola) Kanudih, Mauza Rakti under Sarwan Police Station. The shop was constructed by the deceased as he had given some advance/loan to the accused Ram Pandit. It is alleged that for the last few years the accused Ram Pandit was threatening the deceased to remove the said shop. This fact was narrated by the deceased to the informant (PW9), members of his family and also other members of his locality. On 17.10.2003, at about 06.30 P.M., when the informant was in the Grocery shop along with his father, Ram Pandit called his father from the shop and took him at some distance. The informant became inquisitive and came out of the shop and saw that there was hot talk going on between his father and Ram Pandit. The accused Sambhu Pandit and Puran Sah along with two unknown persons were also present there. In the meantime, Ram Pandit ordered to kill the deceased. On receiving such order, the accused Sambhu Pandit, who was having a pistol in his hand, shot at the deceased and the accused Puran Sah, who also was having pistol in his hand, shot at the deceased due to which the deceased sustained gunshot injuries and fell down. The informant raised hue and cry (hulla). Upon hearing such hue and cry and also the sound of gunshot, several persons of the neighbourhood along with his uncle Sagar Pd. Roy (PW1) arrived there. By that time, the deceased, who was lying drenched with the blood, was already dead. The informant claimed that Ram Pandit, Sambhu Pandit, Puran Sah along with two unknown persons sharing common intention between themselves, killed his father. ;