YAMUNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four Criminal Appeals are filed by the appellants - accused challenging the legality and correctness of the judgment and order dated April 25, 1986 passed by the Patna High Court dismissing these appeals and confirming the judgment and order dated 25-3-1981 passed by the Additional Sessions Judge, Patna convicting each of the appellants for offences punishable under Sections 120B/302 and 302/34, IPC. Since these appeals arise out of common judgment and order, they are being disposed of by this Judgment.

(2.) The prosecution has unfolded its story as under: Yamuna Singh (A-1) owned a double storeyed building situated in lance called Langertoli in Patna town. The ground floor consisted of three tenements out of which a tenement of two rooms, inter-connected by a door, was in possession of Prof. Maheshwar Prasad Sharma (since deceased), another tenement was occupied by Hari Mangal Prasad Singh (the absconding accused) and the third tenement was in possession of Chamari Prasad (PW-20). On the second floor there was one room and an open terrace which was in occupation of Yamuna Singh (A-1).

(3.) The deceased was a Professor of Sanskrit in Government Sanskrit College Rajinder Nagar, Patna. He was a very orthodox and religious minded person. At the material time his son, Sri Prakash (PW-10) was staying with him.