RAMA SHISH RAI Vs. JAGDISH SINGH

JUDGEMENT

(1.) Ten accused persons were put to trial for the offence punishable under Sections 302, 147, 148, 149, I.P.C. and Section 27 of the Arms Act before the 2nd Additional Sessions Judge, Arrah in Sessions Trial No. 366 of 1982. After conclusion of the trial, the trial Court convicted accused No. 2-Jagdish Singh Rai (the respondent herein) for the offences under Section 302/148, I.P.C. and under Section 27 of the Arms Act. He was sentenced to undergo R.I. for life under Section 302, I.P.C. and two years R.I. under Section 148, I.P.C. He was further sentenced to undergo R.I. for three years under Section 27 of the Arms Act. The remaining nine accused (not before us) were convicted under Section 302 with the aid of Section 149 and sentenced to undergo R.I. for life and two years R.I. under Section 148 respectively. Their sentences were, however, directed to run concurrently.

(2.) Aggrieved thereby, two appeals have been preferred before the High Court of Patna. Criminal Appeal No. 596 of 1986 was preferred by nine accused and Criminal Appeal No. 46 of 1987 was preferred by accused No. 2-Jagdish Singh alias Jagdish Rai, separately. By a common judgment, the High Court acquitted all the accused. Hence, the present appeal by special leave. The State has not filed any appeal. The present appeal has been filed by the brother of the deceased with permission to file the SLPs.

(3.) On 3-12-1999, this Court dismissed the SLPs against all the accused persons except the second accused-Jagdish Singh. This is how the present appeal is survived against accused No. 2-Jagdish Singh Rai.