RAMASHRAY SINGH AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been heard together and disposed of by a common judgment as both the appeals arises out of same judgment dated 17.04.1998, passed in Sessions Case No. 213 of 1989 by Shri Uday Shankar, Vth Additional Sessions Judge, Begusarai, by which he has been convicted the appellants for offence under Sec. 307 I.P.C. read with Sec. 34 I.P.C. and has been sentenced appellants Fulena Singh, Hare Ram Singh and Debu Singh to undergo rigorous imprisonment for ten years for the charge punishable under Sec. 307 read with Sec. 34 of the I.P.C. Further, the appellant Ramashray Singh has sentenced to undergo rigorous imprisonment for five years. Further Fulena Singh and Debu Singh have sentenced to undergo rigorous imprisonment for five years for the charge punishable under Section 27 of the Arms Act. All the sentences shall run concurrently.

(2.) The prosecution as alleged with regard to construction of Tatti and there was verbal altercation followed by physical altercation and there was firing causing injury to the prosecution party.

(3.) On the basis of Fardbeyan, F.I.R. was lodged. After investigation charge sheet submitted. Cognizance was taken and the case was committed to the Court of Sessions. After commitment, charge framed and nine witnesses have been examined in the prosecution case. However, out of nine witnesses, P.W. 2, 3 and 4 are formal witnesses, P.W. 5 and 6 are the injured, P.W. 8, is the informant and P.W. 9 is the Docrtor.