(1.) Since all these three appeals arise out of common judgment and order of conviction, as such have been heard together and are being decided by a common judgment.
(2.) In Cr. Appeal No. 1000/2013, Dinbandhu Singh is the appellant, in Cr. Appeal No. 1068/2013, Chandan Mishra is the appellant, in Cr. Appeal No. 17/2014, Surendra Mishra @ Chhotu Mishra is the appellant who have been found guilty for an offence punishable under Sections 302/120B, 212, 386, 465, 468, 471, 302/34 of the IPC and 27 of the Arms Act vide judgment of conviction dated 29/09/2012 and vide order dated 03.10.2013, each one has been directed to undergo RI for life as well as slapped with fine appertaining to Rs. 10,000/- each in default thereof to undergo imprisonment for one month additionally relating to offence under Sections 302/120B IPC, appellant, Chandan Mishra has been directed to undergo R/I for life as well as fine of Rs. 10,000/- and in default thereof, to undergo imprisonment for one month under Section 302/34 IPC, appellant, Deen Bandhu Singh, RI for three years as well as fine of Rs.2000/- in default thereof, to undergo imprisonment for 15 days additionally under Section 212 IPC, Chandan Mishra and Surendra Mishra @ Chhotu Mishra each has been sentenced RI for ten years as well as also slapped with fine of Rs. 2000/- in default thereof, to undergo imprisonment for 15 days additionally under Section 386 IPC, RI for two years under Section 465 IPC, RI for seven years as well as also fine of Rs. 2000/- in default thereof, to undergo imprisonment for 15 days additionally under Section 471 IPC and RI for two years under Section 468 IPC. Chandan Mishra has further been directed to undergo RI for seven years as well as fined Rs. 3000/- in default thereof to undergo imprisonment for 15 days under Section 27 of the Arms Act with a further direction to run the sentences concurrently by the learned Sessions Judge, Buxar in S. Tr. No. 244/11 arising out of Buxar Town PS Case No. 231/2011
(3.) As per the Fard-e-beyan of Anand Kasri (PW 1) recorded on 21.08.2011 at about 10:30 a.m. is to the effect that his cousin brother Rajendra Kesri who was proprietor of Bhojpur Chuna Bhandar was sitting in his shop. He had gone to the shop of his cousin brother to purchase paint. While he was engaged therein, three persons riding on motorcycle came at 9:05 AM and stopped in front of shop. Two persons got down, and came at the shop. Out of them, one person stood facing road, another who was armed with pistol in his both hands, came and made indiscriminate firing over his brother. Third person remained seated over motorcycle. Thereafter, they left the place making firing and escaped over motorcycle. From perusal of the Fard-e-beyan, it is also apparent that proper identification by way of divulging physical feature of the culprits have been disclosed therein. Informant further claimed that he would identify the culprit. Subsequently thereof, they took the deceased to Sadar Hospital where he was declared dead. Police came and in presence of Gopal Kesri (PW 2), Fard-e-beyan was recorded by the police at the Hospital.
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