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Heard learned counsels for the parties.

2. Since all these appeals arise out of a common judgment they are being disposed of by this common order.

3. These appeals are directed against the judgment and order of conviction and sentence dated 11.09.2020 (Sentence passed on 22.09.2020) passed by Sri Amit Shekhar, learned Additional Sessions Judge-VI, Hazaribagh in S.T. No. 141 of 2016, whereby and whereunder, the appellants Vikash Tiwary and Santosh Kumar Pandey in Criminal Appeal (DB) No. 597 of 2020 have been convicted for the offences punishable u/s 120B, 302, 341, 353 read with Section 34 of the IPC, u/s 25(IA)/26/35 and 27 (2) of the Arms Act and Sections 3/4/5 of the Explosives Substances Act and have been sentenced to imprisonment for life along with a fine of Rs. 40,000/ each for the offence u/s 120B, 302 read with Section 34 of the IPC and in default in payment of fine they were to undergo S.I. for 03 years; R.I. for 02 years along with a fine of Rs. 6000/- for the offence u/s 353/34 of the IPC and in default in payment of fine to undergo S.I. for nine months; S.I. for one month along with a fine of Rs. 200/- for the offence u/s 341 of the IPC and in default in payment of fine to undergo S.I. for three days; R.I. for eight years along with a fine of Rs. 20,000/- for the offence u/s 25(IA) of the Arms Act and in default in payment of fine to undergo S.I. for two years; R.I. for six years along with a fine of Rs. 15,000/-for the offence u/s 26/35 of the Arms Act and in default in payment of fine to undergo S.I. for 1½ years; R.I. for 10 years along with a fine of Rs. 25,000/- for the offence u/s 27(2) of the Arms Act and in default in payment of fine to undergo S.I. for 2½ years; R.I. for 10 years along with a fine of Rs. 20,000/- for the offence u/s 3 of the Explosives Substance Act and in default in payment of fine to undergo S.I. for two years; R.I. for six years along with a fine of Rs. 15,000/- each for the offences u/s 4 and 5 of the Explosives Substance Act and in default in payment of fine to undergo S.I. for 1½ years.

The appellant Vishal Singh in Criminal Appeal (DB) No. 579 of 2020 and the appellant no. 1 in Criminal Appeal (DB) No. 599 of 2020 have been convicted for the offences u/s 120B, 302 read with Section 34 of the IPC, 353/34, 354/34, 341/34 of the IPC and have been sentenced to undergo imprisonment for life along with a fine of Rs. 30,000/- for the offences u/s 120B, 302 read with Section 34 of the IPC and in default in payment of fine to undergo S.I. for 2½ years; R.I. for two years along with a fine of Rs. 6,000/- for the offence u/s 353/34 of the IPC and in default in payment of fine to undergo S.I. for 9 months; S.I. for one month along with a fine of Rs. 200/- for the offence u/s 341 of the IPC and in default in payment of fine to undergo S.I. for three days.

The appellant no. 2 in Criminal Appeal (DB) No. 599 of 2020 has been convicted for the offence u/s 120B/302 of the IPC and has been sentenced to undergo imprisonment for life along with a fine of Rs. 30,000/- and in default in payment of fine to undergo S.I. for 2½ years.

All the sentences awarded to the respective appellants were directed to run concurrently.

4. The prosecution case arises out of the fardbeyan of Assistant Sub-Inspector of Police Birendra Prasad Singh recorded on 02.06.2015 at 11:00 A.M., in which, it has been stated that on the same day at 7:00 A.M. in four government vehicles, armed escorts and fifteen Policemen in plain dress had come to the Civil Court premises, Hazaribagh from Jai Prakash Narayan Central Jail for production of the accused. On that day dreaded criminal Sushil Srivastava who had several criminal cases against him in Bihar and Jharkhand was also brought for production. It has been stated that at 10:00 A.M. Sushil Srivastava was being taken to the Court of Additional District & Sessions Judge-II in S.T. Case No. 362/11 and S.T. Case No. 164/10 in handcuffs and after completing the necessary formalities when Sushil Srivastava reached the Gulmohar Tree situated near the G.R. Office, 10-15 persons known to Sushil Srivastava started touching his feet. At that point of time two persons came and after paying their reverence and shaking hands with Sushil Srivastava started walking with him when all of a sudden, a person come down from a Bolero vehicle which was situated nearby bearing registration No. JH-12B-1694 and by taking cover behind the Bolero vehicle started making indiscriminate firing with an AK-47 rifle at Sushil Srivastava and his two companions. One of the persons accompanying the accused who was firing had thrown a hand grenade to create terror. Sushil Srivastava as well as his accomplices suffered gunshot injuries. The informant had directed the Police personnel present to take up their positions and start firing at the assailants and when firing started the assailants fled away by scaling over the boundary wall in course of which one AK-47 rifle fell down on the ground. All the miscreants managed to flee away on motorcycles. Sushil Srivastava and his two accomplices were taken to Sadar Hospital, Hazaribagh where Kamal and Gayas Khan died while Sushil Srivastava was referred to Ranchi for better treatment but he also died. In compliance to the orders of the superior authority the Bolero vehicle was searched and posters were found in which it was written that the murder of Kishore Pandey has been avenged and mention was made of the name of Vikas Tiwary with "to be continued...." written at the bottom. A live grenade was found from inside the Bolero and from the place of occurrence 29 empty cartridges, four pellets and a black purse were recovered in which the photo copy of driving license and voters' card of Sahnawaz Alam were found. A pin and lever of a used grenade and an AK-47 rifle near the closed gate of the Court premises as well as two magazines were recovered. The articles were seized and the seizure lists were prepared.

Based on the aforesaid allegations Sadar P.S. Case No. 610/2015 was instituted u/s 341, 323, 326, 353, 307, 302, 120B/34 of the IPC and Sections 25(1-A), 25(1-AA), 26/27/35 of the Arms Act and Sections 3/4/5 of the Explosives Substance 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. Case No. 141/2016. Charge was framed against the accused u/s 120B, 341/120B, 353/120B, 307/120B, 302/120B of the IPC, Section 25(1A)/35, 26/35, 27(3) of the Arms Act, Sections 3/4/5 of the Explosives Substance Act which were read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.