DANI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) A Division Bench of the Patna High Court found the appellants guilty of offences punishable under S. 302 read with S. 34 of the Indian Penal Code, 1860 in short the 'IPC'). In addition, appellants-Lakhan Singh, Janardan Singh, Ram Janam Singh, Dani Singh, Raghu Singh, Ram Charitar Singh and Chandar Singh were found guilty of offence punishable under S. 201, I.P.C. and sentenced each to undergo five rigorous imprisonment with a fine of Rs. 3,000/- with default stipulation. It directed that the fine on realisation was to be paid to the informant by way of compensation. Appellant-Lakhan Singh was additionally convicted for offence punishable under S. 436, I.P.C. to undergo life imprisonment.

(2.) The present appeals have been filed by 21 persons. Twenty seven persons were named in the FIR and charge-sheet was filed initially against 24 persons. In terms of S. 319 of the Code of Criminal Procedure, 1973 (in short the 'Code'), three more persons were added. Twenty seven persons were convicted by the trial Court and all of them filed appeals before the High Court. It has to be noted, as stated by learned counsel for the appellants, that one of them Lakhan Singh has served out the sentence, and two others namely Balinder Singh and Gaya Singh were absconding. Three of the accused persons died during pendency of the appeal before the High Court.

(3.) Prosecution version which led to the trial in a nutshell is as follows :