STATE OF BIHAR Vs. PRAVEEN KUMAR SINGH

JUDGEMENT

(1.) The Govt. Appeal along with the appeal preferred by appellant Praveen Kumar Singh arise out of the Judgment dated 4.4.2003 passed by Fast Track Court No. 1, Ara in Sessions Trial No. 411 of 1992. The four accused persons were put on trial for a charge under Section 302 IPC by the trial court, out of whom appellant Praveen Kumar Singh was the only accused who was named in the FIR. The remaining three accused persons were summoned under Section 319 Cr.P.C. and were put on trial along with appellant Praveen Kumar Singh. While delivering the Judgment the learned trial Judge acquitted accused Sushil Kumar Singh, Bimal Kumar Singh and Bijai Kumar Singh of the charge under Section 302 of the Penal Code. As regards appellant Praveen Kumar Singh he was also acquitted under Section 302 of the Penal Code for the reason that the learned trial Judge felt that offence was not made out in the face of the evidence available on record and an offence under Section 304 part-II IPC could be what appeared committed by appellant Praveen Kumar Singh. Accordingly, the appellant Praveen Kumar Singh was sentenced to suffer rigorous imprisonment for ten years.

(2.) The appellant Praveen Kumar Singh has questioned the propriety of the finding of his guilt and the appropriateness of the sentences passed upon him, whereas the Government Appeal has been preferred by the State of Bihar to challenge the acquittal of the accused persons under Section 302 of the IPC as also the finding of the learned trial court on guilt of appellant Praveen Kumar Singh of committing offence under Section 304 II IPC. It further prayed that the sentence passed upon Praveen Kumar Singh had to be enhanced by setting aside his acquittal under Section 302 of the IPC and the acquittal of the other respondents of the Government Appeal.

(3.) We have heard the two appeals together and we are disposing them of by the present judgement.