IMPORTANT POINT
A conviction for murder under Section 302 IPC can be sustained on the testimony of a sole eyewitness if it is credible, while the application of Section 34 IPC requires proof of common intention and participation in the crime.

JUDGMENT :

Sujit Narayan Prasad, J.

1. Both these appeals have been preferred under Section 374(2) of the Code of Criminal Procedure against the Judgment of conviction dated 04.08.2017 and Order of sentence dated 07.08.2017, passed by learned Additional Judicial Commissioner-VIII, Ranchi, in Sessions Trial No.186 of 2013/Tr. No.94 of 2016, whereby, the appellants have been found guilty and convicted for the offence under Section 302/34 of the Indian Penal Code and under Section 25(1-B) a/26 read with 35 of the Arms Act. Appellant Chhotu Singh has been further held guilty for the offence under Section 27 of the Arms Act also. Upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and fine of Rs.10,000/- and in default of payment of fine, further S.I. for one year.

Further, the appellants have been sentenced to undergo one and half years rigorous imprisonment under Section 25(1-B) a/26 read with 35 of the Arms Act in each Section and fine of Rs.1000/- each.

Further, the appellant Chhotu Singh has been sentenced to undergo five years R.I. with fine of Rs.2,000/- under Section 27 of the Arms Act.

2. The prosecution case was instituted on the basis of fardbeyan of the informant, namely, Gopal Singh, alleging therein that on 17.11.2012 at 3.00 P.M he had gone to Govindpur weekly Bazar along with his cousin Rajesh Singh on motorcycle. His father Baleshwar Singh (deceased) had also gone to bring vegetables Govindpur weekly Bazar on his bicycle. He saw his father at 4.30 P.M near Zia Digital Studio. After some time, he returned with his cousin to his home and on the way at 5.00 P.M he found Rajesh Gope and Chhotu Singh (accused persons) were standing at some distance from Ulagada Bara Pool (bridge). Chhotu Singh signaled him to stop. He stopped his motorcycle then Chhotu Singh came near to him at that time he thought, he will also accompany with them to home.

3. Thereafter, Chhotu Singh told him that he will not go with them, he will come with Rajesh Gope and demanded balance money of brick owed by him. He replied to Chhotu Singh 'come home' and take money and after returning from the weekly Bazar of Govindpur, he along with his cousin brother Rajesh Singh received information through his uncle Lakhan Singh that Chhotu Singh and Rajesh Gope are fleeing away after killing his father at Pakki road on the way of Patra Toli and after getting information, he along with his brother Awadhesh Singh and Guruwa Singh went to the way of Patra Toli through his motorcycle and reached there where he saw his father was lying dead due to bullet injury on left temple and the accused Chhotu Singh and Rajesh Gope were fleeing away in the field of Patra Toli then the informant and his brother tried to apprehend them but they managed to escape away from there. He further claimed that due to old enmity Chhotu Singh and Rajesh Gope killed his father.

4. On the basis of the aforesaid written report Lapung P.S case no.45/2012 dated 17.11.2012 u/s 302/34 of the IPC & 25(1-B) a/26/27/35 of Arms Act was registered against Chhotu Singh and Rajesh Gope.

5. After completion of investigation I.O. submitted charge sheet in this case for the offence under sections 302/34 of the IPC & 25 (1-B) a/26/27/35 of Arms Act.

6. The cognizance of the alleged offence was taken and the case was committed to the Court of Sessions.

7. The charges were framed against the accused persons, namely, Chhotu Singh and Rajesh Gope, to which they pleaded not guilty and claimed to be tried.

8. In order to prove its case prosecution has examined altogether nine prosecution witnesses, namely, P.W.1 Gopal Singh, P.W.2 Rajiv Kumar, P.W.3 Lakhan Singh, P.W.4 Santosh Kumar Singh, P.W.5 Dr. Manoj Kumar Korah, P.W.6 Rajesh Kumar Singh, P.W.7 Pawan Kumar Singh, P.W.8 Andrias Malto and P.W.9 Nag Narayan Singh.

9. Prosecution has also proved the signature of informant P.W.1 on fardbeyan as Ext.-1, signa