- (1.) THE present appeal has been filed by the appellants, namely, Prabhas Kumar Singh and Durga prasad Singh @ Burhan Singh against the judgment of conviction and order of sentence dated 14-8-2000 and 21-8-2000 respectively passed by 1st Additional Sessions Judge, bokaro at Chas in S. T. No. 15 of 1995 whereby and whereunder, the appellant No. 1 was convicted under Section 302, IPC whereas appellant No. 2 was convicted under section 302 read with Section 109 of the IPC and both the appellants were sentenced to undergo imprisonment for life.
(2.) THE case of prosecution in short as per the fardbeyan of Nun Chand Rewani (P. W. 3) is that in the night of 22-1-1993 at about 10 p. m. he along with deceased Ashok rewani and Rupesh Kumar Rewani had gone to Mahuar Chowk on a Hero Honda motorcycle bearing registration No. BR20a-0182. It is further alleged that while they were standing there, appellant No. 2, Durga prasad Singh @ Burhan Singh came and started abusing deceased Ashok Rewani. Whereupon deceased asked him as to why he was behaving in such manner. Whereupon the appellant No. 2 became furious and called Prabhas and exhorted him to kill the deceased. It is further alleged that on the said call, appellant No. 1 came and he too abused the deceased. It is further alleged that again appellant No. 2 exhorted appellant No. 1 for killing the deceased, whereupon the appellant No. 1 took out a pistol from his waist and fired upon the deceased because of that the deceased received injuries on his left chest and fell on the ground. It is further alleged that Rupesh Rewani had tried to catch hold appellant No. 1 but he again made a fire and thereafter fled away towards the village. It is further stated that thereafter the informant (P W. 3) and P. W. 1 (Rupesh Kumar Rewani) took the deceased to Bokao General Hospital on motorcycle, where he had been declared dead by the doctor. It is also stated that, several time, prior to the said occurrence, the deceased had quarrel with the appellants.
(3.) ON the basis of aforesaid fardbeyan, the police instituted Harla P. S. Case No. 10 of 1993 dated 23-1-1993 under Section 302/ 34 of the IPC and also under Section 27 of the Arms Act and took up investigation. It appears that after completing the investigation, police submitted charge-sheet against the appellants under Sections 302/34 of the ipc. It then appears that learned CJM, Chas took cognizance of the offence and thereafter committed the same to the Court of Session as the offence under Section 302 of the ipc is exclusively triable by the Court of session. It further appears that charges were framed against the appellants and thereafter the prosecution had examined altogether five witnesses in support of its case. Out of whom, P. W. 1, Rupesh Kumar Rewani, P. W. 3 Nun Chandra Rewani had claimed themselves to be the eye-witnesses of the occurrence. P. W. 2 Ashirbad Rewani is the elder brother of deceased, P. W. 4 Indradeo Singh is the I. O. whereas P. W. 5, Dr. Satya Narain lal had conducted the autopsy on the dead body of the deceased.;