NAWAL PRASAD Vs. STATE

JUDGEMENT

(1.) BOTH the above appeals have been heard together and are being disposed of by this common judgment because they have arisen out of one judgment.

(2.) THE above three appellants along with other three accused were put on trial. By order dated 19-12-2003 passed by Sri Paras Nath Sinha, Presiding Officer, Addl. Court (Fast Track), Munger in Sessions case No. 37 of 1997 appellant Nawal Prasad was found guilty under Section 302 of the Indian Penal Code and under Section 27 of the Arms Act and further this appellant Nawal Prasad, Jitendra Prasad and Jail Kant Prasad were found guilty under Section 302/34, of the Indian Penal Code and 27 of the Arms Act. By the said order, three other accused namely, Nandlal Mandal, Subhash Prasad and Sujit Prasad were not found guilty under Section 302/149 of the Indian Penal Code and under Section 27 of the Arms Act, so they were acquitted of the charges and discharged from the liabilities of their bail bonds. By order dated 22-12-2003, appellant Nawal Prasad was sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and also to pay a fine of Rs. 2,000.00 in default to undergo simple imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for one year under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently. No separate sentence under Section 302/34 of the Indian Penal Code was passed against him. Other two appellants namely, Jitendra Prasad and Jai Kant Prasad were sentenced to undergo imprisonment for life under Section 302/34 of the Indian Penal Code and also to pay a fine of Rs.2,000.00 each, in default to undergo simple imprisonment for six months. No separate sentence was passed under Section 27 of the Arms Act against these two appellants.

(3.) THE trial Court after scrutinizing oral and documentary evidences and after perusal of the entire materials came to the conclusion that these appellants were guilty and accordingly they were convicted and sentenced whereas other three accused namely, Nand Lai Prasad, Sujit Prasad and Subhash Prasad were not found guilty and they were acquitted as mentioned above.