JUDGMENT :

Heard Mr. Nilesh Kumar, learned counsel for the appellant and Mr. B. N. Ojha, learned A.P.P. for the State.

2. Initially this appeal was filed on behalf of two appellants, but has stood abated so far as the appellant no. 1 – Kishori Singh Yadav is concerned on account of his death on 12.04.2019 and therefore this appeal is now restricted to the appellant no. 2 (hereinafter referred to as the appellant).

3. This appeal is directed against the judgment of conviction dated 21.07.1994 and order of sentence dated 25.07.1994 passed by Sri Braj Bihari Sinha, learned Second Additional Judicial Commissioner, Ranchi in S. T. No. 125 of 1993/7 of 1993 whereby and whereunder the appellant has been convicted for the offences under Section 302 of Indian Penal Code and Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 I.P.C. and rigorous imprisonment for 3 years for the offence under Section 27 Arms Act. Both the sentences are to run concurrently.

4. The fard beyan of Raj Ballabh Singh was recorded on 17.11.1992 in which it has been stated that in the evening, he was going to the clinic of Dr. S. Prasad for getting medicines. In front of him, Ram Pravesh Singh Yadav was going on a bicycle to supply milk to his customers. It has been alleged that as soon as they reached near the house of Bhagwan Singh in Sukhdeonagar, Kishori Singh Yadav and Ramesh Singh Yadav (appellant) along with two unknown persons suddenly came and on the order of Kishori Singh Yadav, Ramesh Singh Yadav fired at Ram Pravesh Singh Yadav at the back as a result of which, he fell down. At this, the accused persons started firing and pelting bricks on him. When the informant raised alarm and people gathered, the accused persons fled away. The reason for the occurrence was previous enmity.

5. Based on the aforesaid allegations, Kotwali (S) P. S. Case No. 739 of 1992 was instituted for the offences punishable under Sections 302 and 120 (B) of Indian Penal Code and Section 27 of the Arms Act. On completion of investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the court of Sessions where it was registered as S.T. No. 125 of 1993. Charges were framed against the accused persons for the offences under Sections 302/120(B) I.P.C. and Section 27 of Arms Act which were read over and explained to the accused persons in Hindi to which they pleaded not guilty and claimed to be tried.

6. The prosecution has examined as many as 4 witnesses in support of its case.

P.W. 1 – Raj Ballabh Singh Yadav is the informant who has deposed that on 16.11.1992 at about 7:00 P.M., he was going to the clinic of Dr. S. Prasad. Ram Pravesh Singh Yadav was going in front of him. When they reached near the house of Bhagwan Singh, he saw that on the orders of Kishori Singh Yadav, Ramesh Singh Yadav had fired at Ram Pravesh Singh Yadav and the bullet has hit his back. Ram Pravesh Singh Yadav fell down at which Kishori Singh Yadav, Ramesh and two unknown persons assaulted Ram Pravesh Singh Yadav with stones and bricks. He has further deposed that Ramesh had once again fired at Ram Pravesh Singh Yadav which resulted in his death. This witness has raised an alarm at which people had assembled and the accused persons consequently had fled away. He has further stated that Ram Pravesh Singh Yadav was murdered because of a land dispute. He has identified his signature in the fard beyan which has been marked as Exhibit 1.

In cross-examination, he has deposed that on the date of occurrence, Ram Pravesh Singh Yadav was going in front of him on a bicycle. The route in which he was going was sparsely frequented by others. It was dark and there was load-shedding. He had seen a pistol in the hand of Ramesh, but he had not seen anything in the hand of Kishori Singh Yadav. The two unknown persons had revolvers in their possession. At the time of the occurrence, he was standing at a distance of 20 hand