MAHESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the aforesaid three appeals arise out of the Judgment of conviction and sentence dated 30th March, 2007 passed in Sessions Trial No.674 of 2002 and, as such, all the aforesaid three appeals were heard together and are being disposed of by this common Judgment.

(2.) APPELLANT Mahesh Prasad Singh (in Cr.Appeal No.550 of 2007) was convicted in Sessions Trial No.674 of 2002 by Sri Om Prakash Sinha-II, Addl.District & Sessions Judge, F.T.C.V, Munger for the offence under Sections 302 and 307/34 of the Indian Penal Code. Under Section 302 of the Indian Penal Code, appellant Mahesh Prasad Singh was sentenced to undergo rigorous imprisonment for life and under Section 307/34 of the Indian Penal Code, he was sentenced to under rigorous imprisonment for five years. Both the sentences were directed to run concurrently.

(3.) FORMAL F.I.R. was got exhibited as Ext.5, Fardbeyan as Ext.1/1, endorsement on the fardbeyan as Ext.1/2 and signature of the informant was marked as Ext.A. Injury report of deceased Bablu as Ext.3, Injury Reports of P.Ws 2 and 3 have been marked as Exts. 3/1 and 3/2 respectively. Postmortem Examination Report has been exhibited as Ext.4. During the trial, injured witnesses i.e. P.Ws 2 and 3 have consistently disclosed regarding the roles played by accused persons in the occurrence. P.W.4 Shashi Bhushan Kuswaha had seen the accused persons while fleeing away after committing the occurrence with various arms. P.W. 4 has further stated that thereafter he was informed by P.W.3 (the informant) regarding the occurrence. P.W.1 claiming himself to be an eye witness to the occurrence has corroborated the prosecution case. P.W.5, who was posted at the relevant time in Sadar Hospital, Munger has proved the injury report of deceased Bablu and injury reports of P.Ws 2 and 3 , which were marked as Exts. 3, 3/1 and 3/2 respectively. P.W.5 Dr. Ashok Kumar Yadav has prepared postmortem examination report and has proved the same, which has been marked as Ext.4. The I.O. Sri Kamakhya Narain Singh (P.W.7) has proved the F.I.R. and also disclosed about the place of occurrence etc.