SIKANDAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal, by special leave, arises out of a common judgment and order dated 3rd September 2004, delivered by the High Court of Judicature at Patna in three Criminal Appeals No. 268, 284 and 384 of 2001, affirming the judgment and orders dated 7th June 2001 and 12th June 2001, passed by the Additional Sessions Judge, Bhojpur, convicting and sentencing the present five appellants for various offences.

(2.) In all, eight persons, namely, Rajeshwar Singh @ Kamta Singh, Nagina Singh, Sheo Jee Singh @ Akshay Singh, Awadhesh Singh, Sikandar Singh, Harendra Singh, Shankar Singh @ Sheo Shankar Singh and Besh Lal Singh @ Bansh Lal Singh were put on trial for having committed the murder of Upendra Singh. Two of the accused, namely, Nagina Singh and Awadhesh Singh died during the course of the trial and were thus, dropped. The learned Additional Sessions Judge convicted accused Rajeshwar Singh under Sections 302 and 307 of the Indian Penal Code, 1860 ("IPC" for short) as well as under Section 27 of the Arms Act, 1959 and sentenced him to undergo rigorous imprisonment for life under Section 302; rigorous imprisonment for ten years under Section 307 IPC and rigorous imprisonment for three years under Section 27 of the Arms Act. Accused Sheo Jee Singh @ Akshay Singh, Sikandar Singh, Harendra Singh, Shankar Singh @ Sheo Shankar Singh were convicted and sentenced to undergo rigorous imprisonment for life under Section 302 read with Section 149 and rigorous imprisonment for five years under Section 307 read with Section 149 IPC. Accused Sheo Jee Singh was further convicted and sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. Accused Besh Lal Singh was convicted and sentenced to undergo rigorous imprisonment for two years under Section 148 IPC and Sikandar Singh, Shankar Singh and Harendra Singh were also convicted and sentenced to undergo rigorous imprisonment for six months each under Section 147 IPC. The sentences awarded to all the accused were to run concurrently. All the six convicts preferred the afore-noted three appeals. As stated above, by the impugned judgment, the High Court has dismissed all the appeals. Being aggrieved, Sikandar Singh, Harendra Singh, Shankar Singh, Sheo Jee Singh and Besh Lal Singh have preferred this appeal. Convict Rajeshwar Singh seems to have accepted the verdict of the courts below.

(3.) Shorn of unnecessary details, the case of the prosecution may be summarized as follows: