STATE OF BIHAR; ARBIND SINGH S/O KAMTA SINGH,; MANOJ SINGH S/O LATE JEEV SINGH AND LATHI SINGH @ SUJIT SINGH S/O CHOTAN SINGH Vs. LATHI SINGH @ SUJIT SINGH,; ARBIND SINGH AND MANOJ SINGH; STATE OF BIHAR

JUDGEMENT

(1.) The three appeals, along with death reference, are heard together and are being disposed off by this common judgment.

(2.) All the appellants in three Appeals have been convicted under Sections 302/149 of the Indian Penal Code as well as 17 of the Criminal Law Amendment Act and 27 of the Arms Act and have been sentenced to death for their conviction under Section 302/149 of the Indian Penal Code in Session's Trial No. 174 of 2004. Appellants, Arvind Singh and Manoj Singh have further been convicted under Section 148 of the Indian Penal Code. However, no sentence, for offence under Sections 148 of the Indian Penal Code, 27 of the Arms Act and 17 of the Criminal Law Amendment Act, in Session's Trial No. 1074 of 2004, has been awarded by the order, dated 01.02.2008, passed by Shri Om Prakash, Additional District Judge, Fast Track Court, V, Patna, as such, the learned Judge has submitted the proceeding to this Court for confirmation of death sentence of Court. The same has been registered as Death Reference No. 3 of 2008. All the convicts have preferred separate Appeal against the judgment of conviction and sentence registered as Cr. Appeal (D.B.) No. 72, 77 and 79 of 2008 respectively and, hence, Death Reference and three Appeals have been heard together and disposed off by this common judgment.

(3.) The prosecution case, as alleged in the fardbeyan of the informant, Rajendra Paswan, P.W. 11, is that (i) while informant was sitting in the bamboo club (banswari) adjoining south of the village, along with Naseeb Paswan, P.W. 8, and Udai Paswan (deceased) then about 60-70 persons came armed with fire arms in a group forming unlawful assembly and surrounded Paswantola from it's north and south forming two groups and the people of the village started fleeing away here and there on seeing the unlawful assembly armed with lethal weapons.