- (1.) IN these appeals, the appellants Bijay Singh, Ashok Mandal and Kishore Mandal challenged the judgment dated 15.12.2003 passed by learned Sessions Judge, Dumka in Sessions Case No. 168 of 1996 whereby and whereunder he convicted the appellants under Sections 302/34 of the IPC read with Section 120 -B of IPC. The appellant Bijay Singh and Ashok Mandal also convicted under Section 27 of the Arms Act. All the appellants are sentenced to under go imprisonment for life for committing the offence under Section 302/34, IPC and they are also directed to pay fine of Rs. 5,000/ - each and in default of the same to undergo R.I. for one year. The appellants Bijay Singh and Ashok Mandal are also sentenced to undergo R.l. for seven years for the offence under Section 27 of the Arms Act and to pay fine of Rs. 2000/ - each and in default of the same to undergo RI for six months.
(2.) AS all the aforesaid three appeals arose from the common judgment of con viction and order of sentence, these appeals were heard together and are being disposed of by this common judgment. The case of the prosecution, in brief, as per the fardbeyan of PW -12, Bagal Chandra Mandal is, that on 17.7.1995 in the evening at about 7.30 to 8 pm while he was in front of his house, appellant Ashok Mandal, Kishore Mandal along with another person, who covered his face with a beard mask came there. The aforesaid beard - masked person asked his wife to call Kalicharan Mandal. The informant identified him as Bijay Singh resident of Sonuadangl, by his voice. The informant's wife called her son Kalicharan Mandal, Kalicharan Mandal came on call of his mother along with his son Pappu. It is alleged that the person having beard mask, asked Kalicharan for doing shuttering work in his building. Kalicharan expressed his inability to do the work for 10 to 15 days as his wooden planks were engaged somewhere else. Hearing the same, Bijay Singh and Ashok Mandal took out revolver and fired on Kalicharan causing serious injuries to him. Kalicharan fell on the ground. The informant and his wife then started crying and raising alarm. The neighbour, Ram Prasad Mandal put off light of his house and taking advantage of the darkness, the accused fled away. It is further alleged that at the time of fleeing, accused persons exploded a bomb, which caused injury to the grand son of informant, Pappu on his left hand. They rushed Kalicharan to hospital but he was declared dead.
(3.) ON the basis of aforesaid statement, police instituted Dumka (T) PS Case No. 093 dated 17.7.1995 under Section 302/34 of the IPC and took up investigation. After completing the investigation, the police submitted charge -sheet against the appellants along with one Ram Prasad Mandal under Sections 302/34 of the IPC under Section 120 -B of the IPC and also under Section 27 of the Arms Act. Learned CJM, Dumka took cognizance of the offence and committed the case to the Court of Sessions as the offence under Section 302 of the IPC is exclusively triable by the Court of Sessions.;