B. B.Mangalmurti, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) This appeal is directed against the Judgment of conviction and Order of sentence dated 18.03.2005, passed by the Sessions Judge, Sahibganj, in Sessions Trial No. 126 of 1995 holding the sole appellant guilty under Section 302/34 and Section 109/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and further sentenced to rigorous imprisonment for life under Sections 109 and 302 of the Indian Penal Code and both the sentences shall run concurrently.
(3.) The prosecution case was instituted on the basis of the fardbeyan of Umesh Chandra Oraon, son of Jhaksu Oraon recorded by S.I. Francis Toppo, Officer-in-Charge, Jarwatori O.P. on 20.04.1994 at 8.45 p.m. at emergency ward, Sadar Hospital, Sahibganaj where he stated that today in the evening at 7 p.m. he told Diwali Choudhary that since you have already constructed your own house so requested him to vacate his house. At that time, the appellant was sitting in his betel shop situated near the house but he refused to vacate the house of informant. Thereafter, appellant closed his betel shop and went inside the house. After some moment, Diwali Choudhary, Raju Choudhary, Manoj Choudhary and mother of appellant came near him and started quarrel with him. Meanwhile, Diwali Choudhary ordered Manoj Choudhary to shoot him. Thereafter, Raju Choudhary took out his pistol which was concealed in his clothe (Lungi) and fired upon the informant. On seeing this, his father Jhaksu Oraon tried to intervene in the matter but Raju also fired upon his father Jhaksu, as a result of which after sustaining injury he fell down. This occurrence of firing was seen by several persons and they also chased and caught Raju Choudhary but other accused managed to escape. The father of informant was taken to the hospital where he was declared dead. Since the informant was not in a position to sign over it so he put his left thumb impression in presence of Kali Charan Dhangar and Ram Lal Mandal. The fardbeyan was forwarded to Officer-in-Charge, P.S. for registering the case and accordingly Borio P.S. Case No.60 of 1994 dated 21.04.1994 under Section 302/34 and Section 27 of the Arms Act was registered. The further case is that dying declaration of Informant , Umesh Chandra Oraon was recorded by the Executive Magistrate on the same day i.e. on 20.04.1994 at 9.30 p.m. before his death.;