GARIB SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the judgment and order coming under appeal, the appellant- Garib Singh stands convicted under Sections 302 of the Penal Code and 27 of the Arms Act. He is sentenced to undergo rigorous imprisonment for life and one year respectively for the two offences; the sentences are directed to run concurrently.

(2.) Before the trial Court, apart from the appellant there were four other accused. The appellant-Garib Singh and co-accused Umesh Singh were charged under Section 302 of the Penal Code; the appellant was separately charged under Section 307 of the Penal Code and all the five accused, including the appellant were further charged under Sections 302/34, IPC and 27, Arms Act, while referring to the charges framed against the accused it was noticed that though the date of occurrence in this case was undeniably 13-2-1999, the date mentioned in the charge was 13th day of July, 1999. The mistake is inconsequential and does not affect the case in any manner; it nevertheless shows a lack of proper application of mind by the trial Court. This Court expects the trial Judges in future to be more careful in matters of legal details.

(3.) At the end of the trial, it was the appellant alone who was convicted and sentenced, as stated above, while rest of the four accused were acquitted.