(1.) The Appellant has been convicted under Sec. 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and under Sec. 27 of the Arms Act and sentenced to rigorous imprisonment for seven years vide Judgment of conviction dated 25.08.1992 and Order of sentence dated 26.08.1992 passed by the 8th Additional Sessions Judge, Nalanda, in Sessions Trial No.305 of 1984/44 of 1990.
(2.) The case of the prosecution, according to the Informant Dwarika Gope (P.W.11) is that on 19.02.1984 at about 01.00 P.M. while he was at his home, accused persons variously armed entered into his house and then Shaukhi Gope ordered pointing to Siddheshwar Gope that it was he, who had given evidence in favour of Brahmadeo against Lakhan Gope, who was agnate of Shaukhi Gope, and he should be killed. At this, Sia Gope alias Siya Sharan Singh fired at Siddheshwar Gope, the son of the Informant, on his chest and immediately, thereafter, Jadu Gope fired on account of which he fell down. Hearing this, when Shree Gope rushed to the place of occurrence, accused Brijey Gope fired at him between his legs and, thereafter, Lakhan Gope, Shobawan Gope and Ratan Gope also fired which hit him and he died. Accused Dinesh Gope fired at Vijay Gope. Dhurwahu Gope was assaulted by Ramraj Gope by "Garasa" Kailu Gope was fired at by Chando Gope alias Chandeshwar Gope, Ram Kumar was assaulted by Baudhu Gope by "Garasa", Mina Kumari was assaulted by Lekha Gope and Siddheshwar Gope by "Garasa" and "Lathi" Vijay was fired at by Dinesh Gope, Ramdeo Gope and Jagdeo Gope and Dhurwahu Gope was also assaulted by Lakhan Gope, Arjun Gope, Charitar Gope and Uday Gope by means of "Lathi". Thereafter, they were removed to the Sadar Hospital where two injured, namely, Siddheshwar Gope and Shree Gope died.
(3.) During trial, the prosecution examined 14 witnesses whereas the defence examined four witnesses and number of documents to bring on record the factum of counter version.