SURESHRAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals were heard together as they arise out of the same judgment and this common judgment will govern all the three appeals.

(2.) THE appellants, namely, 1. Suresh Rai, 2. Awadhesh Rai, 3. Shivadhar Rai, 4. Radheshyam Singh and 5. Ram Perwesh Singh Yadav (Cr. Appeal No. 478/99) have been convicted under sections 302 and 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They have further been convicted under section 307 and 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. Further they have also been convicted under section 27 of the Arms Act for which they have been sentenced to undergo imprisonment for seven years. The appellant Gopal Rai (Cr. Appeal No. 495/99) has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He has further been convicted under section 307, 149 of the Indian Penal Code and 27 of the Arms Act for which he has been sentenced to undergo rigorous imprisonment for seven years on each counts. The appellant Kameshwar Rai (Cr. Appeal No. 525 of 1999) has been convicted under section 302, 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He has further been convicted under section 307 of the Indian Penal Code and 27 of the Arms Act for which he has been sentenced to undergo rigorous imprisonment for seven years each on both counts.

(3.) THE Police registered a case under sections 147, 148, 149, 302, 324. 307. 342, 426 of the Indian Penal Code read with 27 of the Arms Act and chargesheet was submitted against them under sections 147, 148, 149, 302, 324, 307, 342, 426 of the Indian Penal Code and 27 of the Arms Act. The learned Magistrate took cognizance in the case and committed the case to the Court of Sessions.