VINAY KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in these appeals is to the judgment of a Division Bench of the Patna High Court upholding the conviction of the appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC') so far as accused Ajeet Kumar Rai alias Ajeet Narayan Rai and Vinay Kumar Rai, appellant No. 1 in Criminal Appeal No. 371 of 2006 and Ashutosh Kumar Rai alias Sanjay Kumar Rai, appellant in other Criminal Appeal. Ashutosh Kumar Rai was further charged for committing the murder of Nanda Kumar Singh punishable under Section 302, IPC and Section 27 of the Arms Act, 1959 (in short 'Arms Act'). The High Court dismissed the appeals. The present appeals had been filed by Vinay Kumar Rai (A-3) and Ajeet Kumar Rai alias Ajeet Narayan Rai (A-1) and Ashutosh Kumar Rai (A-2). The Presiding Officer, Additional Court No. 1, Fast Track Court in Sessions Trial Nos. 578/96 and 1/2001 held Ajeet Kumar Rai and Vinay Kumar Rai guilty under Section 302 read with Section 34, IPC and accused Ashutosh Kumar Rai under Section 302, IPC and sentenced to undergo RI for life. He was also found guilty of offence under Section 27 of the Arms Act and sentenced to undergo RI for three years. Two appeals were filed before the High Court which by the impugned judgment dismissed the same. All accused were put on trial for committing the murder of Nanda Kumar Singh (hereinafter referred to as the 'deceased') in furtherance of their common intention for offence punishable under Section 302 read with Section 34, IPC.

(2.) Prosecution version in a nutshell is as follows :

(3.) In appeal, it was submitted that there was discrepancy between the medical evidence and the oral evidence and, therefore, the prosecution version should not have been accepted. The primary stands were regarding the alleged discrepancy between the medical evidence and the ocular evidence and the eye-witnesses being related to the deceased. The High Court did not find any substance in any of these stands and dismissed the appeals.