JUDGMENT :

Shree Chandrashekhar, J.

1. The State of Jharkhand has challenged the judgment dated 22nd December 2005 in Sessions Trial Nos. 17 of 2005 and 96 of 2005, by which Shiv Narayan Yadav @ Chhotka, P. Chhanda Rao @ Dolly, Md. Akhtar, Satpal Singh @ Mithu Paji, Raju Podwal @ Raju Das, Sushil Kumar Jha @ Pappu Jha, Mohan Gupta, and Ravi Chourasia have been acquitted from the charge framed against them under sections 302/34 and 120B of the INDIAN PENAL CODE for committing murder of P. Ratna Rao @ Joni in furtherance of common intention and conspiracy. Raju Podwal @ Raju Das has been acquitted also of the charge under section 27 of the ARMS ACT .

2. On 19th June 2004, at about 09:00 AM, P. Ramchandra Rao who is the father of Joni gave his fardbeyan before the officer-in-charge of Sitaramdera PS at his house situated at 22 New Layout within Sitaramdera PS. According to him, two boys one of whom was of average build came near his house and made some inquiry from Dolly and, in the meantime, the other boy fired shot at his son - the shooter was a tall boy. The assailants thereafter fled away towards the northern side on a motorcycle which was held by a third boy in starting position, just away from the place of occurrence. On the basis of his statement, Sitaramdera PS Case No. 41 of 2004 was lodged against unknown on the same day. The investigating officer prepared inquest report and collected blood-stained soil from the place of occurrence, blood stains from sheet cover of Maruti Esteem car, and the blood-stained shirt of the deceased. Shiv Narayan Yadav @ Chhotka and Dolly were arrested the same day and Chhotka made disclosures which unfolded the conspiracy hatched by him.

3. Soon thereafter, Md. Akhtar who according to the prosecution was standing with a motorcycle about 20 yards from the place of occurrence, was arrested on 25th June 2004. Later on, Mohan Gupta who is the person who came near Joni on the pretext of enquiring about an address was arrested on 1st July 2004, and on the same day he made disclosures before the police and on his pointing a blood-stained shirt and jeans pant were recovered from his house. Raju Podwal @ Raju Das who is the shooter was arrested on 11th October 2004 and on the basis of his confessional statement recorded around 02:40 PM on 11th October 2004, a county-made firearm was recovered from a house at Chayanagar concealed within the earth and a seizure memo was prepared in the presence of Dulal Chandra Karmar and Jugal Bhuiyan. He made another disclosure on 18th October 2004 on the basis of which a fired .315 bore cartridge was recovered in the presence of Vijay Sao and Deo Chand Pandit.

4. Dr. Lalan Chaudhary who conducted autopsy over the dead body found the following antemortem injuries on the person of Joni:

(i) Semi-circular stitched wound of size 23.5 c.m. with 23 stitches over right side of temporal occipital scalp.

(ii) Stitched wound of size 5 c.m. with five stitches over back of right ear between above injury.

(iii) Blackening with charring of size 8 c.m. X 4 c.m. over right temporal scalp.

(iv) Blackening and charring of size 4.5 cm. x 4 c.m. over right ear upper part.

5. In the opinion of doctor, the cause of death of Joni was firearm injuries in his head which were injury nos. (iii) and (iv). According to the doctor, the injuries nos. (i) and (ii) might have been caused by the Surgeon in course of the treatment. After the investigation, a charge sheet was laid against the aforementioned accused persons and they faced the trial on the charge under sections 302/34 and 120-B of the INDIAN PENAL CODE . Raju Podwal was separately charged under section 27 of the ARMS ACT . A separate case vide Sitaramdera PS Case No. 79 of 2004 was also lodged against Raju Podwal under sections 25(1-B)(a), 26 and 35 of the ARMS ACT .

6. Fifteen witnesses were produced by the prosecution to prove the aforesaid charges framed against the accused persons in Sessions Trial Nos. 17 of 2005 and 96 of 2005. The minor