(1.) The instant appeal, filed under Sec. 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dtd. 9/4/2015 and order of sentence dtd. 18/4/2015 passed by the learned Additional Sessions Judge VII, Dhanbad in Sessions Trial No. 07 of 2000, by which the appellant-Ramadhir Singh @ Ramadhin Singh has been convicted under Sec. 302/34 of the Indian Penal Code and under Sec. 27 of the Arms Act; and has been sentenced to undergo imprisonment for life for the offence committed and punishable under Sec. 302/34 of the Indian Penal Code and R.I for three years for the offence committed and punishable under Sec. 27 of the Arms Act. Both the sentences were directed to run concurrently.
(2.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case, as per fardbeyan of informant, namely Dun Bahadur Singh (P.W. 10), which reads as under:
(3.) The fardbeyan of the informant Dun Bahadur Singh (P.W.10), who is a resident of Sijua More, P.S. Jogta, District Dhanbad, was recorded by Sub-Inspector of Police R.N. Tiwary, Officer-in-Charge Katras Police Station at 09.15 Hours on 15/7/1998 near the place of occurrence i.e., Katras Hatia Road near Shahid Bhagat Singh Chowk, on the basis of which F.I.R was instituted on 15/7/1998 at 11.30 Hours, wherein it is stated that on 15/7/1998 at 8.00 hours he (informant) was going from his house situated at Sijua More to Katras Coal Dump by his Mahindra Jeep bearing registration No. BR-17E 0098, which was driven by him. His younger brother, Binod Singh was going ahead of him, from his new Ambassador Car, which was driven by Binod Singh's driver namely, Manu Ansari. When they were crossing the densely populated Panchgarhi market and reached near Shahid Bhagat Singh Chowk, Katras Hatia, at about 8.40 hours one white Maruti Car, which was coming from back side, overtook the both the vehicles and stopped. After being stopped, from the vehicle three persons got down and started firing indiscriminately from automatic firearms upon the vehicle of Binod Singh. At that time informant's vehicle was 50 yards from the victim's vehicle. Due to fear, the informant remained there.
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