PRABHAT KUMAR JHA, J.:–Both the appeals are directed against the judgment dated 08.06.2011 and order of sentence dated 10.06.2011 in Sessions Trial No. 664 of 2009, passed by learned Additional Sessions Judge, Fast Track Court No. II, Munger whereby and whereunder the appellants Navneet Kumar @ Chunnu and Amit Kumar have been convicted under Sections 302/149 of the Indian Penal Code. Both the appellants were sentenced to undergo R.I. for life, they have been directed to pay a fine of Rs. 10,000/- each and in default thereof to undergo R.I. for three months. The appellant Navneet Kumar @ Chunnu has further been directed to undergo R.I. for three months and to pay a fine of Rs. 1000/- for the offence punishable under Section 27 of the Arms Act and in default thereof to undergo R.I. for one month.

2. Prosecution case in short is that P.W. 12 Munna Saw has alleged in his fardbeyan that he has been dealing in scrap materials for last ten years and in course thereof, he became acquainted with Navneet Kumar @ Chunnu of Village Uttari Hajipur, P.S. Chitragupta Nagar, District –Khagaria. They used to lend and borrow money from each other. The informant gave Rs. 16,85,000/- to Navneet Kumar @ Chunnu in cash as well as through bank draft. Navneet Kumar @ Chunnu informed the informant P.W. 12, that he had paid Rs. 15,00,000/- to his brother Rajan Kumar but the same information was found to be false. Panchaiti was also held and Rajan Kumar the brother of the informant had gone to Khagaria for realization of money but Navneet Kumar @ Chunnu did not pay. Further case of the informant is that on 24.02.2009, Navneet Kumar @ Chunnu the appellant came to Munger and rang Rajan Kumar on his mobile. He asked Rajan Kumar to come to Purab Sarai railway crossing. The informant and his brother went near the railway crossing on motorcycle and saw Navneet Kumar @ Chunnu was standing there along with seven persons near a Bolero Jeep. As soon as the informant and his brother approach near the Bolero Jeep, Navneet Kumar @ Chunnu started firing with his pistol causing injury on the head of Rajan Kumar who fell down and died. The informant identified one Amit Kumar, brother-in-law of Navneet Kumar @ Chunnu among the persons assembled there. The accused persons assaulted the informant and his brother with butt of pistol on the head and face. One fruit seller also received firearm injury on account of indiscriminate firing made by the accused persons. The informant and his brother were brought to hospital. The police came, thereafter, the accused persons fled away. It is further stated that the accused persons fled away after snatching Rs. 10,000/- and two mobiles from the possession of the informant. The informant further disclosed that Rajesh Sahni, Binod Sahni, Sarwan Manjhi and Kali Manjhi saw the occurrence.

3. On the basis of the fardbeyan of the informant P.W. 12 Kotwali P.S. Case No. 67 of 2009 was registered under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act. The police took up investigation and seized one empty cartridge and Bolero Jeep bearing Registration No. BR045-3986 from the place of occurrence, prepared inquest report (Ext. 3), obtained post-mortem report (Ext. 4), thereafter, submitted charge sheet.

4. Accused Amit Kumar has been charged under Section 302/149 and 307/149 of the Indian Penal Code whereas accused Navneet Kumar @ Chunnu has been charged under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

5. Prosecution examined as many as 15 witnesses out of whom P.W. 1 Sabbal Kumar Bajaj is a seizure list witness of empty cartridge and the vehicle. He identified his signature on the seizure list marked as Ext. 1 and 1/1. P.W. 2 is Niranjan Kumar. P.W. 3 is Chandan Kumar Sahay. He is also a seizure list witness of empty cartridge and the Bolero jeep and his signature on the seizure list has been marked as Ext. 1/b and 1/c respectively. P.W. 4 Gangesh Chandra Jha is also a seizure list

Click Here to Read the rest of this document