BILASH PASWAN Vs. BINOD PASWAN

JUDGEMENT

(1.) ALL these three appeals relate to the same occurrence and arise out of a common Judgment of conviction and sentence delivered on 5th May, 1995 by Shri Braj Kishore Pandey, 3rd Addl. Sessions Judge, Nalanda in S. Tr. No. 215/32 of 1994/94. Hence, all these three appeals were heard together and are being disposed of by this common Judgment.

(2.) THE appellant, Mahendra Prasad, has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The appellants, Bilash Paswan and Binod Paswan, have been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellants Mahendra Prasad and Binod Paswan have further been found guilty under section 27 of the Arms Act but have not been awarded separate sentence on this count.

(3.) ON 21.11.93 at 3 A.M. J.B. Prasad, Officer Incharge of Tharthari Police Station (P.W. 7), recorded the fardbeyan (Ext. 4) of Deosharan Prasad P.W. 5 at Siyarikhandha of village Mehtarma. A formal F.I.R. (Ext. 7) was drawn at Chandi Police Station, District Nalanda and a case was instituted against the appellants under Section 302/34 of the I.P.C. and Section 27 of the Arms Act.