ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)

Date : 16-07-2019

Appellants in both the appeals were tried together and by common judgment, they were convicted and sentenced by the Trial Judge and as such, both the appeals were taken up together under the heading “For Hearing” and are being disposed of by this common judgment.

2. Both the appellants by judgment dated 12-02-2014 were convicted for offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’), however; Prem Chand Verma {sole appellant in Cr.Appeal (DB) No. 275 of 2014} was further convicted for offence under Section 27 of the Arms Act, 1959 (hereinafter referred to as ‘Arms Act’). Both the appellants under Section 302 of the I.P.C. by order dated 19-02-2014 were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (five thousand) each. In case of default in payment of fine, they were directed to further undergo simple imprisonment for three months. Under Section 27 of the Arms Act, appellant Prem Chand Verma {in Cr.Appeal (DB) No. 275/14} was further sentenced to undergo rigorous imprisonment for two years. Sentences in respect of appellant Prem Chand Verma {in Cr.Appeal (DB) No. 275/14} was directed to run concurrently. However, despite the fact that against both the appellants, charges were framed under Sections 307, 324 and 341 of the I.P.C., they were acquitted from such charges. The judgment of conviction and sentence was passed by Sri Ravi Shankar Tiwary, learned Addl. District and Sessions Judge – II, Buxar (hereinafter referred to as the ‘Trial Judge’) in Sessions Trial No. 289 of 2010, arising out of Buxar Town P.S. Case No. 347 of 2009 (incorrectly in the judgment impugned, Nawanagar P.S. Case No. 347 of 2009 has been mentioned).

3. The fact of the case, as per fardbeyan of Banshi Dhar Seth (deceased) is that on 22-12-2009 at 10.30 hrs. in Sadar Hospital, Buxar, fardbeyan of Banshidhar Seth was recorded by A.S.I. Ram Awtar Yadav of Buxar (Town) Police Station, Buxar. In the fardbeyan, the informant (deceased) described that he was son of late Bhagwati Seth, resident of village and police station – Jamania, District – Gazipur (U.P.). On the same date i.e. 22-12-2009 in injured condition, he gave his fardbeyan in Sadar Hospital before Jamadar Sahab disclosing therein that his son Binod Kumar Verma (P.W.4) was married on 30-01-2005 with daughter of Prem Chand Verma {appellant in Cr.Appeal (DB) No. 275/14}, resident of Bari Tola, Buxar. In the year 2009, there was some misunderstanding and thereafter, against the informant and others, a case was instituted under the provision of Dowry Prohibition Act, vide Buxar Town P.S. Case No. 212 of 2009. In the said case, the deceased was on bail and next date was fixed on the date of occurrence itself. The informant on the fixed date by D.M.U. train had come to Buxar and his two sons namely Binod (P.W.4) and Raj Kumar (P.W.5) through motorcycle left for Buxar. At about 9.00 in the morning, the informant (deceased) reached Buxar Station. Since there was some time for opening of the court, he, with a view to meet his relatives, who were residing near Alka Cinema, moved on foot and thereafter, near Jyoti Prakash Chowk he got rickshaw. On rickshaw, he proceeded towards Alka Cinema and while his rickshaw reached opposite Maharaja Petrol Pump at about 9:15 AM on the road, suddenly from the backside on one motorcycle, (1) Munna Seth S/o Laxmi Narayan, resident of Civil Lines and (2) Prem Chand Verma {appellant in Cr.Appeal (DB) No. 275/14}, resident of Bari Tola Buxar came ahead and stopped the informant and both the accused persons flashed out pistol and with intent to kill the informant opened fire, which hit the stomach of the informant and another bullet hit rickshaw puller on his butuck. The informant further disclosed that he and rickshaw puller both in injured condition started squirming. In the meanwhile, on two separate motorcycles, on one of wh