JUDGMENT

Dr. Mukundakam Sharma, J.

1. These appeals, which are filed by the complainant, are against an order of acquittal passed by the Patna High Court on 9th August, 2000, whereby the Division Bench acquitted the respondents while allowing the appeals filed by them questioning the judgment of conviction and sentence passed by Additional Sessions Judge II, Gaya on 22nd December, 1997 in Sessions Tr. Nos. 177/1995 and 134/1995.

2. Satendra Sharma, respondent No. 1 in Crl. Appeal 553/2001 was tried for offences punishable under Section 364, Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC) and Section 27 of the Arms Act, 1959 while Pankaj Sharma and Ramakant Sharma, respondent Nos. 1 and 2 respectively in Crl. Appeal 554/2001 were tried for offences punishable under Section 364, Section 302 read with Section 34 IPC for murder of one Ajay Sharma (hereinafter referred to as the `deceased). The trial court found that all the three respondents are guilty and sentenced them to undergo rigorous imprisonment for ten years for offence under Section 364 IPC and rigorous imprisonment for life for offence under Section 302 read with Section 34 IPC. Satendra Sharma was further sentenced to undergo rigorous imprisonment for five years for offence punishable under Section 27 Arms Act. All the sentences were to run concurrently.

3. The prosecution case as unfolded during the trial is as follows:

3.1. On 24.09.1994 at about 5.00 p.m., the deceased who was the nephew of Rangnath Sharma (PW-7), the informant, was sitting at the door of his house in village Bhori, Police Station Tekari, Distt. Gaya. At that time the three respondents herein who belong to the same village came there and took the deceased with them. It is alleged that Rangnath Sharma tried to prevent his deceased nephew from going along with the respondents but Satendra Sharma, took the deceased along with him telling Rangnath Sharma that the deceased would return soon, whereupon the deceased went with the aforesaid three persons. It is also alleged that the deceased was taken by the three persons towards the northern side of the village.

3.2. It further appears to be the case of the prosecution that the informant along with Sidhnath Sharma (PW-5) also went towards his cabin situated on the northern side of the village for attending call of nature and giving the round around his field and that when they proceeded about 150 yards on the western side of the cabin they saw Satendra Sharma, Pankaj Sharma and Ramakant Sharma, grappling and exchanging hot words with the deceased. Thereafter, Satendra Sharma took out pistol from his waist and fired it on the chest of the deceased as a result of which the deceased fell down. Upon this Rangnath Sharma along with Sidhnath Sharma while raising hulla proceeded towards the place of occurrence. The accused persons threatened Rangnath Sharma and Sidhnath Sharma that if they proceed any further they would be shot dead and so saying the accused-respondents ran away towards the western side. In the meanwhile, some villagers who were playing football in the field also came there and saw the accused persons committing the alleged occurrence.

3.3. The informant also stated that the main reason for the alleged occurrence was the fact that about four days prior to the date of occurrence a quarrel had taken place regarding irrigation of the land with Satendra Sharma and his father which at that time was settled by the interference of the villagers but it is due to the said grudge that the accused persons killed the deceased on 24.09.1994. The informant stated that immediately after the said occurrence he went to Tekari Police Station where his statement was recorded. On the basis of the said statement First Information Report was drawn up and in the same night the police visited the place of occurrence, prepared the inquest report of the deceased and thereafter sent the dead body of the deceased for post mortem examination