AMARESHWAR SAHAY, J. - (1.) THE appellant Surendra Bengali @ Surendra Singh Rautela along with two other accused namely Deepak Deo and Sudhir Ganjhu were put on trial. This appellant Surendra Bengali, was charged under Section 302 of the Indian Penal Code for causing death of Mahesh Pandey in furtherance of common intention with other accused persons namely Deepak Deo and Sudhir Ganjhu, who were charged under Sections 302/34 of the Indian Penal Code. This appellant was further charged under Section 27 of the Arms Act for possessing Pistol for using it illegally for firing at Mahesh Pandey. Learned Trial Court, by its impugned Judgment dated 28.05.1999 in Sessions Trial No. 46/1989, convicted the present appellant Surendra Bengali, holding him guilty under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further for a period of three years rigorous imprisonment under Section 27 of the Arms Act. The other two accused Deepak Deo and Sudhir Ganjhu were acquitted by the Trial Court holding that the prosecution failed to prove the charges leveled against them. It is against this impugned Judgment of the Trial Court, the present appeal has been filed by the appellant.
(2.) THE facts in short are that one Prem Kumar lodged a Fardbeyan on 23.07.1988 at 9:15 P.M. alleging therein that at about 9:00 P.M., he and his maternal uncle namely Mahesh Pandey were in their house. At that time, one Sudhir Ganjhu, a neighbour came and called Mahesh Pandey. On such call, Mahesh Pandey went out of the house and went near Vasundhara Cinema and started talking near a beetle shop. Immediately thereafter, the accused Surendra Bengali and Deepak Deo came there on a motorcycle which was being driven by Deepak Deo whereas the appellant Surendra Bengali was a pillion rider. It is said that this appellant Surendra Bengali fired two shots from his pistol on Mahesh Pandey. Deepak Deo also shot one fire from his fire arm. Mahesh Pandey, after receiving fire arm injuries, fell down on the ground and thereafter, the accused persons fled away towards Kutcheri. Due to firing, the people of the locality became terrorized and they started fleeing away hither and thither. The cause of occurrence was said to be enimity between Mahesh Pandey and Surendra Bengali (appellant). The injured Mahesn Pandey was removed to Rajendra Medical College and Hospital, Ranchi. On the basis of the Fardbeyan, the case under Section 307, 326/34 of the Indian Penal Code and Section 27 of the Arms Act was registered against the three accused persons but when the victim Mahesh Pandey died in course of treatment in the Hospital, subsequently, Section 302 was also added subsequently. The Police took up the investigation and on completion thereof, submitted chargesheet. Thereafter, cognizance of the offence was taken and the case was committed to the Court of Sessions where the charges were framed and thereafter, the accused persons were put on trial.
(3.) IN course of Trial, altogether six witnesses were examined on behalf of the prosecution and some documents were also adduced in evidence which were marked Exhibits.;