KRIPAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of common judgment and order dated 26.7.1993/27.7.1993 passed by 2nd Additional Sessions Judge, Aurangabad in Sessions Trial No. 349 of 1991/280 of 1992. They have been heard together and are being disposed of by this judgment.

(2.) THE appellant in Cr. Appeal No. 380 of 1993 has been convicted for the offence under Section 302. of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He has further been convicted for the offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years and to pay a. fineof Rs. 500/ - and in default of payment of fine to undergo further imprisonment for one month. The appellant in Cr. Appeal No. 400. of 1993 has been convicted for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(3.) 15 p.m. that he, Mithilesh Kumar Singh, Krishna Kumar singh and Krishna Dubey proceeded to village Nawadih in a jeep bearing No. ORG 9827 to attend the marriage of his nephew (Bhagna). At about 2.30 p.m. the jeep was stopped at Rabindra Petrol Pump for taking petrol. Petrol was taken. In the meantime Kripal Singh, Hemchand Jha and one person who he identified by face came on a black motor cycle and stopped the motor cycle on the right side of the jeep. Hemchand Jha was driving the motor cycle. They got down from the motor cycle and went behind the petrol pump. Krishna Singh was capping the petrol tanki. The aforesaid three persons returned. Kripal Singh came close to Krishna Singh, took out a pistol and fired near the ear of Krishna Singh. Krishna Singh fell down on the ground and started tossing. He, Mithilesh Singh and Krishna Dubey tried to apprehend them but the third person whom he identified by face took out a pistol from the waist and threatened to kill if they proceeded further. All the three accused persons ran away towards west on the bye -pass road on the motor cycle. They took Krishna Singh on the said jeep to Aurangabad hospital for treatment where he died. Many persons had seen the occurrence. 4. On the basis of the aforesaid written report a form first information report was drawn, investigation was taken up and on completion of investigation charge -sheet was submitted in the Court against three persons. The Court -took cognizance and committed the case to the Court of Sessions for trial. The trial Court convicted the appellants as indicated above, however, acquitted Sanjay Singh.