RAM SUBHAG SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and order passed on 16.6.1987 in S.T.R. No. 68 of 1980 42 of 1982 by the then learned Additional Sessions Judge 2nd, Gaya.

(2.) THE learned Additional Sessions Judge, Gaya, convicted all the above named four appellants and sentenced each of them to imprisonment for life under Section 302/149, IPC, R.I. for ten years under Section 302/511. IPC, R.I. for three years under Section 148, IPC and R.I. for four years under Section 27 Arms Act. He further convicted the appellants Jairam Singh, Sidhnath Singh and Ram Briksh Singh under Section 324, IPC but passed no separate sentence on this count. He again convicted the appellant Ram Subhag Singh under Section 302, IPC and sentenced him to life imprisonment. The appellant Ram Subhag Singh was further convicted under Sections 324 and 324/149, IPC but no separate sentence was passed. Appellant Jai Ram Singh was further convicted under Sections 324/149, IPC but was awarded no separate sentence on this count. All the sentences, however, were ordered to run concurrently.

(3.) ON 23.5.1977, I.O., Nand Kumar Sinha, SI of Arwal P.S. Gaya, recorded the fardbeyan (Ext. No. 2) of the informant Awadheshwar Sharma. On the basis of his fardbeyan a formal FIR (Ext. No. 3) was drawn up and a case was registered against the 22 accused persons under Sections 302/148/149/324/307/436/379 of the Indian Penal Code and Section 27 of the Arms Act. On completion of the investigation all the 22 accused were put on trial and out of them 5 accused persons, namely, Ramlayak Singh, Gauri Singh, Mukeshwar Misra, Ram Tawakiya Singh and Ramsewak Singh died during trial. The remaining 17 accused faced the trial which ended in the acquittal of 13 accused persons and conviction of the 4 accused - appellants as indicated above.