KAILASH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgment of conviction dtd. 1/4/2019 and the order of sentence dtd. 2/4/2019, passed by Sri Narayan Prasad Singh, F.T.C.-1st, Khagaria in Sessions Trial No. 289 of 2001/Trial No. 290 of 2018, Net No. (SC) 1943 of 2013, arising out of Beldour P.S. case No. 32 of 1998, whereby and whereunder the appellant has been convicted for the offences under Sec. 302/149 of the Indian Penal Code (hereinafter referred to as ' the I.P.C.') and Sec. 27 of the Arms Act, and sentenced to undergo life imprisonment and to pay fine of Rs.10,000.00 under Sec. 302/149 of I.P.C. and in default of payment of fine, the appellant was further directed to undergo simple imprisonment for three months. The appellant has also been sentenced to undergo rigorous imprisonment for five years and a fine of Rs.5,000.00under Sec. 27 of the Arms Act and in default of payment of fine, the appellant was further directed to undergo simple imprisonment for one month. All the sentences were directed to run concurrently.

(2.) The prosecution case, as per the fardbeyan of the informant Suresh Singh made before the Officer-in-charge of Beldour Police Station on 21/5/1998, at about 7.30 a.m. at Maheshkhunt-Saharsa Road in presence of the villagers, is that informant along with his son Sunil Singh, brother Sudhakar Singh, Sudhir Singh, Jitendra Singh, Vijay Singh, Jageshwar Singh, Tejnarayan Singh, Ranjeet Singh and Ramvriksha Singh was sitting on the chair in front of his house situated near Bazar Samiti when accused persons, fifteen in number, named in the F.I.R, including the appellant armed with rifle, gun, pistol, musket and other arms came there and surrounded them. The accused persons started indiscriminate firing as a result of which Ramvriksha Singh, Sudhakar Singh and one unknown died at the spot. The accused persons thereafter loaded the dead bodies on a tractor and went towards west Telihar Gawas. When the accused persons went away, the informant saw Jitendra Singh lying in injured condition in a maize field behind Samiti house and was brought to the Sadar Hospital, Khagaria for treatment. The informant further stated that about 25 rounds shot were fired and the occurrence as alleged took place due to old enmity between deceased Sudhakar Singh and accused Kishori Chaudhary.

(3.) On the basis of fardbeyan of the informant, Beldour P.S. case No. 32/1998 was registered under Ss. 302, 201/34 of the I.P.C. and Sec. 27 of the Arms Act and investigation was taken up. On completion of the investigation, a charge-sheet was submitted and accordingly cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed under Ss. 302/149 of the I.P.C. and Sec. 27 of the Arms Act to which the appellant pleaded not guilty and claimed to be tried.