DASRATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 374(2) of the Code of Criminal Procedure, 1973 (CrPC for short) putting to challenge the judgment of conviction and the order of sentence dtd. 27/3/2019 passed by-learned Fast Track Court-II, Lakhisarai, in Sessions Trial No. 604 of 2009, arising out of Lakhisarai P.S. Case No. 340 of 2005, whereby the appellant, Dasrath Ram, has been convicted and sentenced as under: <FRM>JUDGEMENT_27_LAWS(PAT)11_2023_1.html</FRM>

(2.) Both the sentences have been ordered to run concurrently.

(3.) The mother of the deceased, Daresh Devi, who has been examined as the court's witness (CW-1) is the informant. Her written report addressed to the Officer Incharge, Lakhisarai Police Station, dtd. 11/10/2005, is the basis for registration of the concerned Lakhisarai P.S. Case No. 340 of 2005, disclosing commission of offences punishable under Sec. 302 read with Sec. 34 of the IPC and Sec. 27 of the Arms Act. According to the prosecution's case as disclosed in the said written report, on 11/10/2005 the informant (CW-1) was going with her sons Ajay Yadav (the deceased) and Pavitra Kumar Yadav (PW-6) to witness Durga Puja festival. It was on the initiative of the deceased that she and PW-6 were going on the motorcycle. As they had planned, they were going to Garsanda Railway Station on motorcycle to board the train to Lakhisarai. The moment, they reached Katorwa Kone, four persons, namely, Rajendra Rama, Ashok Rama and Sanjay Rama (co-accused) waylaid the deceased and this appellant and accused Umesh Rama fired in the stomach of the deceased, whereupon he died instantaneously. Extortion was being demanded by the accused persons, according to the FIR. The occurrence was witnessed by others, namely, Jawahar Yadav (not examined), Makeshwar Yadav (not examined) and wife of Kapil Yadav (not examined).