AMLA PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) ABOVE noted all the four appeals being preferred by the above named appellants have arisen out of common judgment of conviction and order of sentence dated 16.10.2005 and 29.10.2005 respectively passed in Sessions Trial No. 20 of 1987 by the Presiding Officer of Fast Track Court No.1, Gopalganj have been heard together and are being disposed of by this common judgment.

(2.) APPELLANTS Amla Pathak and Dhrup Pathak have been convicted for the offence under Section 302 IPC and under Section 27 of the Arms Act and they have been sentenced to undergo imprisonment for life u/s 302 IPC and rigorous imprisonment for 2 years u/s 27 of the Arms Act. Appellants Manager Rai, Bhajan Chaudhary, Bhagwati Rai, Umesh Rai, Deomuni Chaudhary and Arbind Kumar Pathak have been convicted for the offences under Sections 302/34 IPC and under Section 27 of the Arms Act and they have been sentenced to undergo rigorous imprisonment for life under Sections 302/34 IPC and rigorous imprisonment for 2 years u/s 27 of the Arms Act. All the sentenced were ordered to run concurrently.

(3.) IN order to prove its case, the prosecution has examined altogether 15 witnesses. They are: Nekchand Dubey (PW 1), Bhirgnath Missir (PW 2), Dudhnath Bhagat (PW 3), Samru Yadav (PW 4), Thakur Dubey, the informant (PW 5), Jagdish Prasad (PW 6), Dr. Ramishwar Singh (PW 7), Brahma Prasad (PW 8), Harendra Prasad (PW 9), Prem Sagar Prasad (PW 10), Prabhu Nath Yadav (PW 11), Sanehi Ram (PW 12), Salim (PW 13), Surendra Tiwari (PW 14) and Brahma Prasad (PW 15). Besides the oral evidence the signature of informant on fard- beyan has been marked as Ext.1 whereas formal FIR has been marked as Ext.2. Forwarding of fard-beyan is Ext.3 and signature of PW 10 on fard-beyan is Ext. 1 and 1/2. Ext. 5 is the case diary, Ext. 6 is the endorsement on FIR of the Officer In- charge. Whereas Ext. 4 is the post mortem report of the deceased.