BINDA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the appeals arise out of same occurrence, they have been heard together and are being disposed of by this common judgment.

(2.) The appellants have questioned the judgment of their conviction and sentence passed in Sessions Trial No. 71 of 1988 by 4th Additional Sessions Judge, Muzaffarpur.

(3.) All the appellants in Cr. Appeal No. 508 of 2003 have been convicted and sentenced for the offence under Sections 302/149 of the Indian Penal Code. Appellant No. 1, Binda Singh, has also been held guilty under Section 302/109 of the Indian Penal Code. All the appellants except appellant No. 1, Binda Singh, have been sentenced to rigorous imprisonment for life under Section 302/149 of the Indian Penal Code. Appellant No. 1, Binda Singh, has been sentenced to rigorous imprisonment for life for the offences under Sections 302/149 and 302/109 of the Indian Penal Code. So far as appellant, Raj Kumar Singh, in Cr. Appeal No. 27 of 2007 is concerned, he was convicted for the offence under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life. He was also convicted under Section 27 of the Arms Act, but no separate sentence was passed in respect of Section 27 of the Arms Act. The appellants by filing the aforesaid appeals have challenged the judgment of their conviction dated 14.11.2003 and order of their sentence dated 15.11.2003 passed by learned 4th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 71 of 1988.