BIJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (DB) No.17 of 1994 has been filed by convicted accused Bijay Singh, convicted accused Ishwar Dayal Singh as well as convicted accused Ramadhin Singh. It survives only so far as convicted accused Bijay Singh is concerned. Rest of the appellants, namely, Ishwar Dayal Singh and Ramadhin Singh, died during the pendency of the appeal and their appeal stood abated. Criminal Appeal (DB) No.67 of 1994 is filed by convicted accused Ram Jiwan Sharma and convicted accused Kaushalendra Singh.

(2.) The appellants by these appeals are challenging the Judgment and Order dtd. 23/12/1993 passed by the learned 3rd Additional Sessions Judge, Nawadah, in Sessions Trial No.399/83 (101/87) thereby convicting them of the offences punishable under Ss. 302/149 and under Ss. 307/149 of the Indian Penal Code. They all are sentenced to suffer rigorous imprisonment for life and rigorous imprisonment for 7 years on each of these counts respectively. In addition, convicted accused/ appellants Ram Jiwan Sharma and Kaushalendra Singh are convicted of the offence punishable under Sec. 27 of the Arms Act and on this count, they both are sentenced to suffer rigorous imprisonment for 7 years. Substantive sentences are directed to run concurrently by the learned trial court. It would be apposite to mention here that originally in all six accused persons came to be charge-sheeted in the subject Sessions Trial. However, one of the accused Krishnandan Singh died during the pendency of the trial whereas, as noted earlier, two of the convicted accused died during the pendency of these appeals.

(3.) The facts in brief leading to the prosecution of the accused persons can be summarized thus: