NARENDRA NATH TIWARI, J. - (1.) THESE three appeals arise out of the common judgment passed by learned Additional District Judge, F.T.C. No. II, Jamshedpur in S.T.No. 9/2000 whereby the said appellants, namely, Dilip Kumar Rajak, Kundan Kumar Singh and Durga Rao have been convicted under Section 302 IPC for the charge of committing murder of Madan Prasad. The appellant Kundan Kumar Singh (Cr. Appeal No. 259/2003) has been also convicted under Section 27 of the Arms Act. The appellants Dilip Kumar Rajak (Cr. Appeal No. 178/2003) and Durga Rao (Cr. Appeal No. 184/03) have been found guilty under Sections 302/34 IPC. All the three accused -appellants have been sentenced to undergo life imprisonment and in addition thereto the appellant Kundan Kumar Singh has been sentenced to undergo seven years' R.I under Section 27 of the Arms Act. These criminal appeals were heard together and are being disposed of by this common judgment.
(2.) THE case was initiated on the basis of the fard beyan of one Dadan Prasad (PW - 5) given at his residence before the S.I of Kadma P.S on 31.5.1999 at 6.15 A.M. The prosecution case in brief is that the informant used to sell ˜Dosa' on a ˜Thela' to earn his livelihood. His younger brother Madan Prasad (deceased) used to sell ˜Paw Bhaji' on another ˜Thela' near Co -operative Bank, Bistupur. They normally used to close sale and return at 11 o' clock night to Nirmal Colony where they were residing. On 30.5.99 while the informant was going home with his ˜Thela' at about 11 P.M a person stopped him near Shastri Nagar, Block No.3 in front of Durga Sweets and asked him to serve Dosa. The informant parked his ˜Thela' by the road side and prepared Dosa. The said person paid Rs. 5/ - and took delivery of Dosa. In the meanwhile, one Dilip Rajak who was sitting near Sudha Dairy Gumti along with 5 -6 persons, demanded two Dosas. He identified other two persons as Durga Rao and Kundan. The remaining three persons were residents of that locality to whom he identified by face. On the order of Dilip Rajak while he was preparing Dosa, his younger brother Madan, who was returning home along with his servant, whose name is also Madan, arrived with his ˜Thela of Paw Bhaji'. Seeing the Thela of his brother, one person sitting there, asked for two Paw Bhajis. The servant -Madan replied that they already took Dosa, Paw Bhaji is finished. On that reply all the persons rushed towards the servant and thrashed him. When the informant's brother Madan tried to rescue his servant, the said persons also thrashed him and went away. Some persons passing by also stopped and witnessed the occurrence. After some time when the informant and his brother along with his servant proceeded towards home and reached near ˜Sadhu Tal', on the main road, they heard the sound of foot steps following them. When the informant turned, he saw that Dilip, Durga and Kundan along with other three persons were rushing towards them. In the meanwhile they reached there and pounced upon Madan. Kundan uttered as he has dared to assault his brother, he would not spare him. Kundan then took out a pistol from his waist. The other accused persons surrounded Madan, catch hold of him and Kundan fired from behind on the back of Madan.
(3.) ON the basis of the said statements, the police registered a case under Sections 302/307/34 IPC and Section 27 of the Arms Act. The police thereafter went to Tata Main Hospital where the dead body of the deceased was lying in the mortuary and prepared inquest report. The dead body was sent for post mortem to the Government Hospital.;