BISHWA NATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cri. Appeal No. 391 of 2006 of Bishwa Nath Rai and Cri. Appeal No. 341 of 2006 of Ram Singar Rai and Paras Rai have been taken up together because both the cases have been arisen out of common judgment dated 23rd of March, 2006 and sentence dated 27th of March, 2006 passed in Sessions Trial No. 37 of 2002 by First Additional Sessions Judge, Saran at Chapra whereby appellant Bishwa Nath Rai was found guilty under Section 302 of the Indian Penal Code and 27 of the Arms Act and other appellants Ram Singar Rai and Paras Rai were found guilty under Section 302/34 of the indian Penal Code. The appellant Bishwa Nath Rai was sentenced to undergo R.I. for life under Section 302 I.P.C. and to undergo R.I. for three years under Section 27 of the Arms Act. The appellants Ram Singar Rai and Paras Rai were sentenced to undergo R.I. for life for offence under Section 302/34 I.P.C.

(2.) The prosecution case relates to an occurrence of the night on 4th June, 2000 at 11:30 P.M.

(3.) The informant claims that the accused were intending to kill him but they killed his father-in-law presuming him to be the informant. Earlier also the accused persons were threatening the informant of killing. Fardbeyan was recorded at the door of the informant Radha Rai at about 4:30 A.M. and the case was registered under Sections 302/34 and 27 of the Arms Act.