STATE OF BIHAR Vs. RAM BACHAN SINGH

JUDGEMENT

(1.) This Death Reference and the three Criminal Appeals arise out of the Judgment passed in Sessions Case No. 84 of 1979 by Shri Anirudh Prasad Sinha, 1st Additional Sessions Judge, Gaya. Therefore, by consent of parties, they have been heard together and this judgment will govern them all.

(2.) Death Reference 9 of 1979 is a reference by the learned Additional Sessions Judge under section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for confirmation of the death sentence passed on Ram Bachan Singh and Kamaldeo Singh. Criminal Appeal No. 400 of 1979 has been filed by appellants Ram Janam Singh, Udai Narain Singh, Lalan Singh, Nunu Singh, Shyam Nandan Singh, Bithal Singh and Ranjan Singh. Ram Bachan Singh, Ramasray Singh, Munni Singh and Jai Bihari Singh are appellants in Criminal Appeal No. 402 of 1979 ; and Kamaldeo Singh, Kameshwar Singh, Balmiki Singh, Rajendra Singh and Shyamdeo Singh are appellants in Criminal Appeal No. 403 of 1979. One Shyama Singh was also tried with them but he was discharged under section 227 of the Code on 28th February, 1979, at the time when charges were being framed against the accused by the court of session.

(3.) Accused Ram Bachan Singh and Kamaldeo Singh who are also appellant no. 1 in Cr. A. 402 and 403 of 1979 respectively, have been convicted under section 302 of the Indian Penal Code and given death sentence for committing the murder of Vijay Singh and Shyam Narain Singh respectively. Ramasray Singh and Udai Narain Singh (Appellant No. 2 in Cr. A. 402 and 400 of 1979 respectively have been convicted under section 302/109 of the Indian Penal Code and sentenced to imprisonment for life for abetting the murders of Bijay Singh and Shyam Narain Singh respectively. All the appellants in the three appeals except appellants Rambachan Singh and Kamaldeo Singh (who have been convicted and sentenced for the substantive offence under section 302, Indian Penal Code) have been convicted under section 302 read with Section 149 of Indian Penal Code and sentenced to rigorous imprisonment for life. All the appellants have been convicted under section 148 of the Indian Penal Code as well but no separate sentences have been passed. Appellant Ram Bachan Singh has also been convicted under section 27 of the Arms Act but no separate sentence has been imposed.