(1.) These two appeals arise out of the judgment rendered by the High Court convicting the appellants for life, while acquitting all of them for the offence charged under Section 307 of the Indian Penal Code (IPC), with the confirmation of conviction and sentence under Section 25 of the Arms Act except one. Of the five accused, the High Court thought it fit to remit the matter on the adequacy of charge for one. This accused was once again convicted and resultantly his appeal is pending under consideration before the High Court.
(2.) Two persons were done to death on 17.09.2004 at about 08.15 a.m. The death was caused by multiple bullet injuries. An FIR was lodged within an hour's time by PW-1, who is none other than the nephew of one of the deceased.
(3.) The motive for the occurrence appears to be a prolonged election dispute between two groups. On the fateful day, two of the eye-witnesses were having tea. The deceased, passing the road on a two-wheeler were waylaid by the accused also travelling in two two-wheelers. Both the deceased died on the spot. The postmortem was done by PW-4 on the very same date. The First Information Report (FIR) was registered by PW-7. PW-13, 8 and 14 were the Investigating Officers. PW-13 did the substantial part of the investigation and on his transfer, the final report was filed by PW-8. Pertaining to the charge under Section 25 of the Arms Act, it was PW-14 who filed the subsequent final report.
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