B.B. Mangalmurti, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) These appeals are directed against the judgment of conviction and order of sentence dated 28th July, 1999 passed by Shri Jitendra Mohan Sharma, the then 7th Additional Sessions Judge, Palamau in Sessions Trial No.36 of 1991 holding the appellant Dinanath Singh guilty under Section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 7 years and further rigorous imprisonment for 2 years under Section 148 of the Indian Penal Code. Appellant-Ajay Singh was convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 3 years as also 2 years under Section 148 of the Indian Penal Code. Appellants Ayodhya Singh, Laxman Singh, Rama Singh, Sheo Kumar Singh, Rajmani Singh, Ram Niwas Singh, Upendra Singh, Sanjay Singh, Dhananjay Singh, Vijay Singh and Akhilesh Singh as well as Ramadhar Singh, Hira Singh, have been convicted to undergo simple imprisonment for six months each under both Sections 323 and 147 of the Indian Penal Code. Appellant-Hira Singh was further convicted under Section 379 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.
(3.) The prosecution case in short, is that the fardbeyan of Rajeev Ranjan Tiwari, recorded by Chandreshwar Singh, Officer-inCharge, Patan P.S. on 26.11.1989 at 12.30 hours at village Golhana is that on the eve of general election, he was working for Bhartiya Janta Party at village Golhana Booth no.132 under Patan P.S. and was issuing slip to the voters adjacent to the passage towards two hundreds yards north away from the polling booth and at that time at about 10.00 a.m. all the accused persons including Jagan Singh (now deceased) came there and asked him to stop the work and hand over the voter list to them as they will now issue the voter slips. On his refusal, accused persons started assaulting him with fists, slaps and lathi due to which he received injuries over left shoulder, back, thumb of right hand and over other parts of the body. Informant's brother Priya Ranjan Tiwari also came for his rescue then Dina Singh took out his country made pistol from his waist and fired upon him, causing several pellets injuries. At that time, Ajay Singh, fired upon Dinesh Tiwari causing firearm injury. Hira Singh snatched his HMT Kanchan wrist watch and wrist watch of his brother was also taken by accused persons and they fled away towards village Nawdiha. Thereafter, injured Priya Ranjan Tiwari and Dinesh Tiwari were sent to Daltonganj for treatment. On the basis of the above fardbeyan, Patan P.S. Case No.151 of 1989 was instituted corresponding to G.R. Case No.1557 of 1989 for the offence under Sections 147, 148, 149, 307, 326, 324 and 369 of the Indian Penal Code and Section 27 of the Arms Act and investigation was taken up. After investigation, the police submitted charge sheet in this case against all accused persons but during trial accused Jagan Singh died hence his name was expunged.;