- (1.) Both the appellants were put on trial to face charges under Sections 302/34 of the Indian Penal Code and also under Section 27 of the Arms Act on the allegation that they in furtherance of their common intention did commit murder of Radha Krishna Mishra. Learned trial court having found the appellants guilty for the charges sentenced each of them to undergo rigorous imprisonment for life under Sections 302/34 of Indian Penal code and also to pay fine of Rs. 2000/- and in default to undergo simple imprisonment for three months. They were also sentenced to undergo rigorous imprisonment for two years under Section 27 of the Arms Act. Both the sentences were ordered to be run concurrently.
(2.) The case of the prosecution is that on 29.5.1994 in the evening, the informant, Supriya @ Supi Mishra, P.W. 1, having served tea to her father, Radha Krishna Mishra, the deceased, came to Balcony of her house and while she was standing over there, she at about 5:15 p.m. saw three unknown persons who came out of the house of appellant No. 1, Samundra Nath Pandey, entered, into the garden and caught hold of her father and started dragging him towards southern wall. When her father started raising alarms, one of the miscreants fired shot at his father. On hearing sound of firing, her mother, Phul Devi Mishra, P.W. 3 and her Mami (Maternal Aunt), Savita Devi, P.W. 2, also came at the Balcony and saw three miscreants dragging the father of the informant towards the southern wall, where they asked each other to cut him. Meanwhile, one of the miscreants by pointing pistol towards them (informant and others) extended threat and then they entered into room from where they saw one woman standing near the house of Samundra Nath Pandey. Subsequently, all the four miscreants went into the house of Samundra Nath Pandey. After a while, all the four miscreants went away from there and thereafter when they came near the place where the informant s father had been assaulted, they saw him dead and found the throat cut.
(3.) Meanwhile, when information was received by Sudhir Kumar Roy, D.W. 1, the then Officer Incharge, Sukhdeo Nagar Police Station, that someone has been murdered at Mohalla Vikash Nagar, he along with others came to the place of occurrence, where he recorded the fard beyan (Ext. 1) of P.W. 1, the informant, wherein she stated that one year before, the appellants had held out threat to her father; as there was some dispute relating to drainage and hence they by hatching conspiracy got her father murdered. Thereupon, the case was registered and said Sudhir Kumar Roy took up investigation and held inquest on the dead-body of the deceased and prepared Inquest Report (Ext. 5);