RAMESH DHOBI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants have preferred these appeals against their conviction for the offence punishable under section 302/34 I.P.C and sentence to undergo imprisonment for life and to pay fine of Rs. 2,000.00 each in default, to undergo simple imprisonment for six months.

(2.) According to the prosecution, on 18th July, 1989, at about 6 P.M. informant Ashok Kumar Choubey (P.W. 1) alongwith Raju Sharma (the deceased), Papu kumar Gupta (P.W. 2) Raju Ranjan Singh (P.W. 3) and Raman Singh visited tea shop of one Madan Chaiwala (P.W. 10) situbated on Radium Road, Ranchi. After having tea all the five left and reached near Mahabir Hotel. It was 6.15 P.M. At that very time appellant Sanjay Kedia and Ramesh Dhobi alongwith an unknown person arrived thereon a scooter. Stopping the scooter, they called Raju Sharma near Madan Hotel. As soon as Raju Sharma reached near them appellants Sanjay Kedia abused him and ordered for killing him. On his such order his unknown associate took out a pistol and shot at Raju Sharma, who fell down injured. The informant and his companions rushed to rescue the injured. In the meantime, those three fled away loading another cartridge in the pistol and leaving behind their scooter. Injured Raju Sharma was removed on a tempo to Bariyatu Hospital But he never regained consciousness. Fardbeyan of Ashok Kumar, choubey was recorded by Assistance Sub-Inspector of Police, Mumtaj Ali (P.W. 11) at 10.30 P.M. on the same date in the hospital, Injured Raju Sharma succumbed to his injury at 2 A.M. on the same night

(3.) According to the fardbeyan the occurrence took place because two days before the occurrence on 16/7/1989, Raju Sharma had kept the key of the scooter of Lakshmi Kedia, a brother of appellant Sanjay Kedia as Lakshmi Kedia had refused to take Raju Sharma on his scooter to latterTs house.