SHANKAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The criminal appeals arise out of common judgment of conviction dtd. 15/2/2017 and order of sentence dtd. 22/2/2017, therefore, to have been heard together and are being disposed of by this common judgment.

(2.) All the appellants named above have preferred these appeals against the common judgment of conviction dtd. 15/2/2017 and the order of sentence dtd. 22/2/2017, passed by Shri Prabhu Nath Singh, Sessions Judge, Rohtas, Sasaram in Sessions Trial No.378 of 2014 arising out of Karakat P.S. case No.242 of 2013, whereby and whereunder the appellants have been convicted under Ss. 302/34 of the Indian Penal Code (referred to 'I.P.C.') and have been sentenced to undergo life imprisonment with fine of Rs.50,000.00 each for the offence under Ss. 302/34 of the I.P.C. and in default of payment of fine, further undergo rigorous imprisonment for one year.

(3.) The prosecution case, as per the written report of informant Vikesh Kumar (PW 5), is that on 26/10/2013 at around 7.30 P.M. his elder brother Ramesh Kumar Sah went to attend natural call towards road. In the meantime he heard cry of his brother whereupon he run towards the road and he had seen in the torch light, accused persons-appellants Davindra Kumar Choudhary, Sukesh Sah and Shankar Choudhary armed with knife and they were blowing knife repeatedly. The accused persons seeing the informant also asked to do away his life. Then he ran away from there towards village making alarm. The accused persons threw the brother of the informant in the water and fled away. The brother of the informant was taken out from the water with the help of the villagers, then the informant saw the injury on the person of his brother making by knife. His brother asked him that Sukesh Sah, Davindra Kumar Choudhary and Shankar Choudhary assaulted him badly by means of knife and further asked him to take him to the Hospital for his treatment. Then he was rushed to the Hospital, but his brother died in the way to the Hospital. Then they rushed to the police station along with dead body of his brother. It has been claimed by the informant that the accused persons with common intention committed death of his brother by means of knife.