The main legal point established in the judgment is that the prosecution must prove the guilt of the accused beyond a reasonable doubt, and contradictions and doubts in the evidence can lead to the failure of the prosecution's case.

JUDGMENT :

R. Mukhopadhyay, J.

1. Heard Mr. Indrajit Sinha, learned counsel for the appellant in Criminal Appeal (DB) No. 1047 of 2012, Mr. A.K. Kashyap, learned senior counsel for the appellant in Criminal Appeal (DB) No. 1076 of 2012 and opposed by Mr. Bhola Nath Ojha, learned A.P.P.

2. Since both the appeals arise out of a common impugned judgment, the same are being disposed of by this common order.

3. Both the appeals are directed against the judgment of conviction and order of sentence dated 20.10.2012 passed by Smt. Seema Sinha, learned District & Additional Sessions Judge-III, Ranchi in Sessions Trial Case No. 751 of 1998, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 302/120B/34 of the Indian Penal Code and the appellant in Criminal Appeal (DB) No. 1047 of 2012 has been further convicted for the offence punishable u/s 27 of the Arms Act and both the appellants have been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5,000/-each for offences punishable u/s 302/34 IPC and 302/120B IPC and in default in payment of fine to undergo simple imprisonment for one month. The appellant in Criminal Appeal (DB) No. 1047 of 2012 has been further sentenced to undergo rigorous imprisonment for 03 years and a fine of Rs. 5,000/-for the offence punishable u/s 27 of the Arms Act and in default in payment of fine he has been sentenced to undergo simple imprisonment for fifteen days. All the sentences were directed to run concurrently.

4. The prosecution case arises out of a fardbeyan recorded by Rajendra Prasad Singh in which it has been stated that on 28.03.1994 his nephew Suraj Singh along with his friends Rajendra Lohra, Chhotu Sah, Sanju Sinha, Santosh Singh and Kana Raju were enjoying the festival of Holi in the house of Mukri at Jaiprakash Nagar by having food and liquor. After having meal, they started quarreling with Suraj Singh over some issue and with a common intention had committed the murder of Suraj Singh. It has been alleged that the occurrence of murder was witnessed by Baleshwar Singh and Shatrughan Rai. After the incident all the accused persons had fled away.

Based on the aforesaid allegations, Jagarnathpur P.S. Case No. 76/1994 was instituted for the offences punishable u/s 302/34 of the I.P.C. On conclusion of investigation charge-sheet was submitted u/s 302/34/120B of the I.P.C. and u/s 27 of the Arms Act against Prakash Rai @ Jai Prakash Kumar, Bachchu Singh @ Raju Kumar, Krishna Chandra Prasad, Dharmendra Kumar, Baleshwar Singh and Shatrughan Rai. After cognizance was taken, the case was committed to the Court of Sessions where it was registered as S.T. No. 751 of 1998. Charge was framed against the accused persons for the offences punishable u/s 302/34/120 of the I.P.C. and additionally u/s 27 of the Arms Act against the accused Prakash Rai @ Jai Prakash Kumar which was read over and explained to them in Hindi to which they pleaded not guilty and claimed them to be tried. The accused Shatrughan Rai and Bachchu Singh died during the trial and accused Dharmendra Kumar was absconding as such, his trial was split-up.

5. The prosecution has examined as many as six (06) witnesses in support of its case.

P.W. 1 Sudarshan Singh is the father of the deceased who has stated that it was 28.03.1994 and the festival of Holi was being celebrated and at around 2.30 p.m., he was in his house along with his wife Balmati Devi, his daughter-in-law Rekha Singh and their children, when Dharmendra Thakur who was a tenant in his house came and took away his son Suraj Singh despite objections raised by his wife. After sometime, he along with his wife and daughter-in-law went outside to find out where Suraj had gone. He thereafter saw near the house of Rajendra Hotelwala, Krishna Mahto and Dharmendra Thakur, holding his son while Prakash Rai shot at him. He has further stated that Bachchu Singh had assaulted his son with a Bhujali. Due to the firearm injury his son died.