SUDINA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ten appellants have been convicted by the trial court for the offences under Section 302 read with Section 149 of the Indian Penal Code besides sections 147 and 148 IPC and Section 27, of the Arms Act. All of them were sentenced to imprisonment for life on the main count and for lesser sentences for the lesser offences. The High Court confirmed the conviction and sentence passed on all of them and dismissed the appeal filed by them.

(2.) The prosecution case, in short, is the following: deceased Nathun Gope was a peon attached to a High School. He gave evidence in a criminal case in which the first appellant was on record. On 11-4-1987, when the deceased was proceeding to the school during morning hours all the ten accused waylaid him. On the exhortation made by the first appellant (Sudina Prasad) all the remaining accused showered blows on the deceased with saif, bhala and lathi etc. After inflicting the injuries, all the assailants ran away from the scene. The deceased was taken by his cousin and others to the hospital, but on the way he succumbed to the injuries sustained by him. FIR was lodged by PW 4 Parkal Gope at about 10. 00 a. m.

(3.) There is no scope for disturbing the finding of the two courts that all the ten persons were involved in the attack made on the deceased at the time and place alleged by the prosecution. PW 2 Ramdil Prasad, PW 3 Sunita devi (daughter of the deceased) , PW 4 Parkal Gope and PW 5 Ram Pari Devi are the eyewitnesses examined by the prosecution and all of them identified the accused in this case as the assailants who attacked the deceased.