R.R.PRASAD, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 3.7.1999 /5.7.1999 passed by the then 4th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 383 of 1997 whereby the appellants Mahendra Thakur (accused No. 1), Ramesh Mehta (accused No. 2), Binod Ram (accused No. 3), Sunil Singh (accused No. 4) and Anuj Ram (accused No. 5) on being found guilty for committing murder of Sudarshan Tiwari, Karmu Singh, Jatan Rajwar and Upendra Singh were sentenced to undergo imprisonment for life under Section 302/34 of the Indian Penal Code. Further the appellants Ramesh Mahta and Binod Paswan having been found guilty for the offence under Section 27 of the Arms Act were sentenced to undergo rigorous imprisonment for five years whereas the appellant Ramashish Ram (accused No. 6) on being found guilty for the offence under Section 212 of the Indian Penal Code was sentenced to undergo rigorous imprisonment for five years and was also sentenced to pay a fine of Rs. 1000/ -and in default to undergo rigorous imprisonment for four months.
(2.) THE case of the prosecution is that on 25.7.1996 at about 8.30 p.m. while the informant, Bhola Rajwar (P.W.5) was returning home along with his father Jatan Rajwar (deceased), he heard sound of gun shots firing. When he reached near the house, he saw four persons coming with torch light and they were having guns with them. When the miscreants saw them, they asked about their identities. Meanwhile, they fired shots upon them, as a result of which, he as well as his father sustained gun shot injuries. On sustaining injuries, they rushed towards the house but in the meantime, miscreants fired shot upon his father, who on sustaining gun shot injuries fell down and died. Thereafter the miscreants proceeded towards east. After a while, he heard sound of 4 -5 gun shots firing. After some times, he found village folk running hither and thither. In the next morning, he came to know that the miscreants have also committed murder of Upendra Singh, Sudarshan Tiwari and Karmu Singh. In the next morning, i.e, on 26.7.1996the informant Bhola Rajwar gave his Fardbeyan (Ext.3) which was recorded at Haidarnagar Hospital at 6.10 a.m. wherein the informant claimed to have identified the miscreants.
(3.) ON the basis of the said Fardbeyan, Haidarnagar Police Station case No. 27 of 1996 was instituted under Sections 307/302/34 of the Indian Penal Code and also under Section 27 of the Arms Act against unknown.;