MOHD. AZIM AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the aforesaid appeals arose from the judgment dated 12.03.2003 passed in Sessions Trial No. 198 of 1998 by the Additional Sessions Judge (F.T.C.-II), Jamshedpur, Singhbhum East, whereby and whereunder the appellants of Criminal Appeal No. 752 of 2003 (Md. Azim alias Raju and Bijay Singh) have been convicted under Sections 302/34 and 394 of the Indian Penal Code and under Sec. 27 of the Arms Act whereas appellant of Criminal Appeal No. 823 of 2003 (Kalyan Ghosh) has been convicted under Sections 302 & 394 of the Indian Penal Code and under Sec. 27 of the Arms Act. All the aforesaid three appellants were sentenced to undergo imprisonment for life for the offence under Sec. 302 of the Indian Penal Code and also sentence to undergo imprisonment for 10 years for the offence under Sec. 394 of the Indian Penal Code They are also sentenced to undergo imprisonment for seven years for the offence under Sec. 27 of the Arms Act. However, the court below has directed all the sentences to run concurrently.

(2.) As both the appeals are directed against the same judgment of court below, therefore they are heard together and are being disposed of by this common judgment.

(3.) The case of the prosecution in brief is that on 15-02-1998 at about 6:00 P.M. when the informant Sumit Kumar Rana (P.W.-10) was returning along with his father Bhupati Bhusan Rana (deceased) and Parfulla Chandra Rana to their village Mohalisole on a motor- cycle and when they reached near a broken bridge situated at Mohalisole, three unknown young boys stopped them on the point of pistol. Thereafter the aforesaid three unknown persons took away a bag from the possession of informant which contained silver ornaments. The miscreants had also forcibly took away three thousand rupees from the informant's father (deceased) and Rs. 20.00 from Parfulla Chandra Rana (P.W.-2). The miscreants forcibly took away the motorcycle, on which the informant and others were returning, and tried to fled away from the place of occurrence, but the informant's father namely Bhupati Bhushan Rana caught hold of the motorcycle from back, whereupon one of the miscreants shot pistol as a result the deceased received fire arm injury on his chest and fell down. The miscreants fled away on the aforesaid motorcycle. Then. informant went to the village and informed the villagers and family members about the occurrence. The deceased was taken to Ghatshila Hospital where he was declared dead.