JUDGMENT :

Rongon Mukhopadhyay, J.

These criminal appeals are directed against the judgment and order of conviction dated 30.03.2015 and sentence dated 04.04.2015 passed by Sri Yogeshwar Mani, learned Additional Judicial Commissioner-XII, Ranchi in S. T. Case No. 285 of 2012, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 302/34 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to rigorous imprisonment (R.I.) for life along with a fine of Rs. 10,000/-for the offence punishable u/s 302/34 I.P.C. and R.I. for three years along with a fine of Rs. 3,000/-for the offence punishable u/s 27 of the Arms Act.

2. The prosecution story reveals that the informant was working as a Centering Mazdoor in the under construction St. Anna Nursing School. The Munshi of the Contractor, Guard and others were sleeping at around 9.30 p.m. on 13.10.2011 when at around 11.30 p.m., four unknown persons had entered into the room along with Vimal Munda. It has been alleged that out of the four two persons had country made pistols while one had a Farsa. They had demanded the phone number of the Contractor and the Munshi and had also stated about the warning given earlier with respect to a demand of Rs. 20 Lakhs. As they were giving the numbers all the miscreants went outside and started asking the name of the informant and the others present. It has been alleged that earlier the miscreants had entered the staff room and had shot Suresh Oraon on his leg. When the informant and the others craved for mercy, the miscreants had again fired at Suresh Oraon and had also assaulted him with a Farsa. Further allegation has been levelled that the informant and others fled away and went to the house of Sushil Runda and after 10-15 minutes when they came back, they found Suresh Oraon lying dead. The miscreants had in the meantime fled away. The informant had given a physical description of the miscreants.

Based on the aforesaid allegations, Namkum P.S. Case No. 210/2011 was instituted for the offences punishable u/s 302/34/120B of the I.P.C. On conclusion of the investigation charge-sheet was submitted against Pawan Lohra [Appellant in Criminal Appeal (DB) No. 638 of 2016], Manish Lakra, Brish Lakra @ Somra @ Dalda [Appellant No. 2 in Criminal Appeal (DB) No. 1374 of 2016], Manoj Toppo [Appellant in Criminal Appeal (DB) No. 288 of 2016] and Bablu Lakra [Appellant No.1 in Criminal Appeal (DB) No. 1374 of 2016]u/s 302/34 of the I.P.C. and Section 27 of the Arms Act. Cognizance was duly taken and after supply of police paper, the case was committed to the Court of Sessions on 13.03.2012. Charge was framed on 25.07.2012 for the offences punishable u/s 302/34 of the I.P.C. and Section 27 of the Arms Act and the contents of the charge were read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried. One of the accused Manish Lakra was declared a juvenile vide order dated 10.09.2014 and his case was split up and sent to the learned Principal Magistrate, Juvenile Justice Board for trial and disposal.

3. The prosecution has examined as many as nine (09) witnesses in support of its case.

P.W. 1 Pradeep Kachchhap is the informant who has stated that the incident is of 13.10.2011 at around 11.30 p.m. when he was at St. Anna Nursing School. He was sleeping along with Binod and Julius Kerketta while in the Staff Room Safu Kujur, Vimal Munda, Suresh Oraon and Gurudayal Oraon were sleeping. All of a sudden at around 11 p.m. five persons had entered and rebuked them for not opening the door. The miscreants stated about the warning given earlier demanding Rs. 20 Lakhs as extortion money from the Contractor. They thereafter took the phone number of the Contractor Roshan Lal Bhatiya. He has further stated that all the five persons came outside and started asking the name of the informant and others. He had seen Suresh Oraon writhing in pain as a bullet was shot at his leg. One of the mis