AHIR NAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals relate to the same occurrence and arise out of common judgment of conviction and sentence passed by 1st Additional Sessions Judge Arrah on 16.10.1996 in Sessions Trial No. 21 oM995 under Sections 302/396/149/148/147/323, IPC and Section 27 of the Arms Act. Hence, both the appeals were heard together and are being disposed of by this common judgment.

(2.) THE appellant, Ahir Nat has been convicted and sentenced to rigorous imprisonment for life with a fine of Rs. 1,000/- for the offences under Sections 302 and 396, IPC. In case of default in payment of fine he has further been sentenced to simple imprisonment for three months. He has again been convicted and sentenced to rigorous imprisonment for one year for each of the offence under Section 148, IPC and 27 of the Arms Act. THE appellants, Amar Nat and Ram Prasad Nat, have been convicted and sentenced to rigorous imprisonment for life with a fine of Rs. 1,000/- each for the offences under Sections 396 and 302 read with 149, IPC. In case of default in payment of fine, they have further been sentenced to simple imprisonment for three months. Both the appellants have been again convicted and sentenced to rigorous imprisonment for six months and three months under Sections 147 and 323, IPC respectively. All the sentences, however, have been ordered to run concurrently.

(3.) THEREFORE, in the intervening night of 10/11.3.1994 at about 1 a.m., the informant, Birendra Prasad Yadav with the help of Baliram Yadav, P.W. 1, Ram Jatan Yadav, P.W. 2 and Mahendra Yadav, P.W. 3 alongwith the dead body of his deceased brother, Rajendra Yadav went to Behea Police Station under Bhojur at Arrah District. There the informant lodged the Written Report (Ext. No. 1) on the basis of which Behea P.S. Case No. 21 of 1994 was instituted against all the aforesaid five accused persons under Sections 302/307/379/149/148/147/341/323, IPC and Section 27 of the Arms Act and the investigation of the case was entrusted to Baleshwar Singh the I.O. of this case (P.W. 10). He prepared the inquest report on the dead body of Rajendra Yadav (Ext. No. 7) and sent the dead body to the Sadar Hospital for post-mortem examination. He arrested the accused Ahir Nat, Amar Nat, Lalu and Ram Prasad Nat and the accused Bengali Nat was found absconding. On search all the bullocks were recovered, seized and were handed over to one Ramjanam Yadav on Jimmanama (Ext. No. 8). He visited the P.O., seized blood stained earth, one empty cartridge, a torn portion of pocket and prepared seizure list of all the seized articles (Ext. No. 9). He obtained the post-mortem report (Ext. No. 4) and injury report of Mahendra Yadav (Ext. No. 3), Baliram Yadav (Ext. No. 3/1) and Ram Jatan Yadav (Ext. No. 3/2).