NARENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two criminal appeals arise out of the same judgment and order dated 16.12.1993, passed by the 4th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 19 of 1992. Therefore, these two criminal appeals are disposed of by this common judgment.

(2.) In Criminal Appeal No. 18 of 1994, the sole appellant is Narendra Prasad Singh, who has been convicted under Section 302, IPC and sentenced to undergo RI for life. In Cr. Appeal No. 33 of 1994, there are two appellants Madan Ram and Bhim Ram. Appellant Madan Ram has been convicted under Section 302, IPC and sentenced to undergo RI for life. Appellant Bhim Ram has been convicted under Section 307/149, IPC and sentenced to undergo RI for seven years.

(3.) In short the case of the prosecution is that on 31.8.1991 informant Devendra Prasad Singh (PW 13) was studying in the light of the electric bulb at his bathan and Vish-wanath Singh (deceased) grand father of the informant and Sheonath Singh (deceased) and Harendra Singh (deceased) father pf the informant and Kamlesh Singh, (deceased) brother of the informant and Raghvendra Singh were sleeping there. In the meantime 20 to 25 persons came there and some of them started assaulting Vishwanath Singh with bhujali and some went to Harendra Singh and started assaulting him with bhujali The informant identified accused Narendra Singh, Benot and Madan Ram amongst them, who were armed with bhujali Some of the criminals assaulted Sheonath Singh (deceased) and Kamlesh Singh (deceased). The informant wanted to run away, but three of the criminals chased and caught him whom the informant could not identify. Those three persons, who had caught the informant assaulted him with bhujali and he fell down. Thereafter the criminals fled away.