RAMESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals arise out of the common judgment of conviction and sentence passed by the learned Additional Sessions Judge 9th, Patna on 10.9.1987 in Sessions Trial No. 195/81 under Sections 302 and 302/149 of the I.P.C. and Section 27 of the Arms Act so, they were heard together and are being disposed of by this common judgment.

(2.) IN Cr. Appeal No. 541 of 1987 the Appellants, Ashwini Kumar. Pankaj Singh and Indra Deo Singh, have been convicted under Section 302 of the I.P.C. and sentenced to rigorous imprisonment for life. In Cr. Appeal No. 481 of 1987 Laxman Singh and in Cr. Appeal No. 460 of 1987 Appellants, Ramesh Singh, Umesh Singh, Sukhari Singh @ Dudheshwar Prasad Singh and Brajendra Kumar Sinha (sic) Yogendra Singh, have been convicted under Sections 302/149 of I.P.C. and sentenced to undergo rigorous imprisonment for life. Further five Appellants Ashwini Kumar, Sukharu @ Dudheshwar Prasad Singh, Pankaj Singh, Indra Deo Singh and Yogia @ Brajendra Singh, have been convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for three years. However, the sentences awarded to the five Appellants have been ordered to run concurrently.

(3.) ON the basis of the statement of Brijanand Singh @ Rajan Singh, informant P.W. 3, a formal First Information Report was drawn up (Ext. 5) and a case was registered against six accused persons, namely, Ashok Singh, Ashwini Kumar Singh, Ramesh Singh, Laxman Singh, Sukhari Singh and Umesh Singh, under Sections 148, 342, 307 and 324 of the I.P.C. and 3/5 of Explosive Substance Act. The S.I., Girja Nand Singh, alongwith the Circle Officer and the police party proceeded to the P.O. Village -Dhanauti. He found the dead body of Lakhan Singh lying near the School. He prepared the inquest report of the dead body of the deceased Lakhan Singh (Ext. 6). He seized and prepared seizure list of bloodstained earth and one empty cartridge (Ext. 7). He sent the dead body of the deceased, Lakhan Singh, for postmortem examination. Dr. R.P. Srivastava, P.W. 6, conducted autopsy on the dead body of the deceased, Lakhan Singh and submitted the postmortem report (Ext. 3). The S. I., Girja Nand Singh, inspected the P.O., prepared the sketch map of the place of occurrence and recorded the Shri Gupteshwar Bedua Versus Magadh University statement of the witnesses. From the statement of the eye witnesses to the occurrence, the S.I, Girja Nand Singh, also found the complicity of the Appellants, Pankaj Kumar Sinha, Indradeo Singh and Yogendra @ Brijendra Singh, in the commisison of the offence alleged in this case. On completion of the investiga tion chargesheet was submitted against the aforesaid eight Appellants and one Ashok Singh (killed in the counter case of Sessions Trial No. 235/79) under Sections 148, 149, 342 and 302 of the I.P.C. and Section 27 of the Arms Act. Accordingly, cognizance was taken and the case of the Appellants was committed to the Court of Sessions for trial. The Appellants were put on trial before the learned Additional Sessions Judge -IX, Patna which ended in their conviction and sentence as mentioned above.