BADRITANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS both these appeals arose out of the same judgment and order, they were heard together and are being disposed of by this common judgment.

(2.) BOTH these appeals are directed against the judgment and order dated 2.5.1997 passed in Sessions Trial no. 468 of 1993 by 2nd Additional Sessions Judge, Bhagalpur, whereby and whereunder the learned Additional Sessions Judge found charges under sections 302/34 and 386 IPC proved against appellant Badri Tanti and convicted and sentenced him to undergo rigorous imprisonment for life under section 302/34 IPC but the learned Additional Sessions Judge did not pass separate sentence under section 386. IPC. Further the learned Additional Sessions Judge found charges under sections 302 and 386 IPC and section 27 of the Arms Act proved against appellant Subodh Sharma and convicted and sentenced him to undergo rigorous imprisonment for life u/s 302 IPC and rigorous imprisonment for three months u/s 27 of the Arms Act, but the learned Additional Sessions Judge did not pass separate sentence u/s 386 IPC and ordered that both the sentences shall run concurrently.

(3.) ON the basis of written report (Ext.1), filed by the informant (P.W.2), Kotwali P.S.Case No. 579/92, dated 11.5.1992 under sections 307, 385, 109 and 114 IPC and Section 27 of the Arms Act was registered and the investigation was given to Assistant Sub -Inspector -Ram Bilash Ram (P.W. 8).