RAMJEE MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) SHYAM Kishore Sharma & Gopal Prasad,JJ. Heard learned counsel for the appellants and learned counsel for the State.

(2.) TWO appeals i.e. Cr. Appeal No. 409 of 2004 and 411 of 2004 have heard together and being disposed by the common order as both the appeals are against the judgment and order passed in Sessions Trial No. 53 of 1993 which arises out of Birpur P.S. Case No. 96 of 1991 (under Saharsa District) for by which the appellants have been convicted for offence under Sections 302/149, 307/149, 324/149 and 323/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life for offence under Section 302/149 of the Indian Penal Code and has further sentenced to undergo rigorous imprisonment for seven years for conviction under Section 307/149 of the Indian Penal Code and further sentence to undergo Rigorous Imprisonment for two years for offence under Section 324/149 of the Indian Penal Code and further sentence to undergo rigorous imprisonment for one year under Section 323/149. However, it has been ordered that all the sentence run concurrently. The appellant Ramjee Mehta has further been found guilty for offence under Section 302 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for life.

(3.) THE defence has also adduced both oral and documentary evidence. Oral evidence has been adduced on the defence, D.W. 1 Budhi Lal Mehta, D.W. 2 Kishundeo Mehta, D.W.3 Hriday Mehta, D.W. 4 Sitaram Mehta and D.W.5 Ramdeo Mehta. THE defence has also adduced documentary evidence. THE documentary evidence adduced is Ext. A is the sale deed, Ext. B is the rent receipt, Ext. C is the certified copy of formal F.I.R. with Fardbeyan of Birpur P.S. Case No. 97/91, Ext. D is the injury report, Ext. E is the certified copy of the charge sheet, Ext. F is depositions of witnesses in G.R. Case No. 593/91, Ext. F/1 is certified copy of deposition of Kishundeo Mehta, Ext. G is certified copy of charge sheet of case bearing G.R. No. 446/91, Ext. H is certified copy of the judgment of G.R. Case No. 446/91.