VINOD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three Appellants, one each in the three appeals, were jointly charged by the learned 3rd Additional Sessions Judge, Bhojpur at Arrah under Section 302/34 of the IPC and Section 27 of the Arms Act and while delivering the judgment, the learned 3rd Additional Sessions Judge in S.T. No. 276 of 2002 recorded a finding of guilt against Appellant Ram Bahadur Singh of committing offences under Section 302 of the IPC and Section 27 of the Arms Act while the remaining two Appellants were held guilty of offences under Section 302/34 of the IPC and Section 27 of the Arms Act. While passing the order of sentence on 15th October, 2004, the learned Judge directed the three Appellants to undergo R.I. for life for their respective conviction as also to pay fine individually of Rs. 1,000/-, else to suffer simple imprisonment for three months. No separate sentence under Section 27 of the Arms Act was inflicted upon any of the Appellants.

(2.) The three Appellants question the said judgment of conviction and order of sentence through the three appeals.

(3.) Short facts, as narrated by P.W. 6 Sunil Singh in his fardbeyan (Ext.-3), are that the deceased Baleshwar Rai who was the Mukhia of Gram Panchayat, Taar, besides being father of the informant, had gone to settle some dispute through panchaiti in Village-Newari as he had been requested through a telephonic call in that behalf. While setting out for Village-Newari, the deceased asked P.W. 5 Kameshwar Singh and P.W. 6 Sunil Singh to accompany him. Accordingly, after resolving the dispute the deceased alongwith the above-noted two witnesses was coming back to his village. When they had come into the narrow lane of their village, which was by the side of some mill owned by one Lalan Sao, the deceased Baleshwar Rai, who was moving ahead of P. Ws. 5 and 6, was surrounded by five accused persons named in the FIR including the three Appellants who were armed with country made guns and pistols and accused Sanjay Singh, Appellant Ram Bahadur Singh and Appellant Jawahar Singh fired one shot each upon the deceased, as a result of which he fell down on the ground after being injured.