BINAY PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the Judgment dated 24th June 1998 passed by the then learned Additional Sessions Judge -I, Gaya in Sessions Trial No. 601/93 104/93 28/96, so they were heard together and are being disposed of by this common judgment.

(2.) ALL the three appellants have been convicted and sentenced to undergo R.I. for life under Section 396 of the Indian Penal Code and five years under Section 201 of the Indian Penal Code. However, the sentences awarded to them have been ordered to run concurrently.

(3.) ON 17.1.1988 at about 1 A.M., S.I. Ganesh Prasad of Paraiya Police Station recorded the fardbeyan (Ext. No. 5) of the informant, Ashok Kumar in P.O. village Pranpur. On the basis of his fardbeyan (Ext. No. 5), a formal F.I.R. Ext. No. 4 was drawn up and a case was registered under Sections 395/364 of the Indian Penal Code against the four accused persons, namely, Vijai Paswan of village Burh Paraiya, Baikunth Paswan of village Prabhua, Vijay Paswan of village Marha and Binay Paswan of the RO. village -Pranpur and the investigation followed. During investigation the accused, Vijai Paswan of village Marha died. On completion of the investigation, police submitted chargesheet against all the four accused persons under Sections 396/201 of the Indian Penal Code showing Vijai Paswan of village dead. After observing the legal formalities the case was committed to the court of sessions and all the three accused faced the trial before the then learned Additional Sessions Judge -I, Gaya, which ultimately ended in their conviction and sentence as indicated above.