LAWS(PAT)-2004-1-123

SURENDRA SINGH Vs. STATE OF BIHAR

Decided On January 05, 2004
SURENDRA SINGH; RAMA KANT RAI; SHANKAR RAJAK Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) These three appeals arise out of the Judgment and Order passed by the then learned Additional Sessions Judge-I, Katihar on 11.2.2000 in Sessions Trial No. 138 of 1997.

(2.) The appellant, Ramakant Rai in Criminal Appeal No. 131 of 2000 has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The appellants, Surendra Singh, Fagu Paswan and Sanjeet Rajak @ Sandeep Rajak in Criminal Appeal No. 110 of 2000 and the appellant, Shankar Rajak in Criminal Appeal No. 365 of 2000 have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to life imprisonment. All the five appellants have further been convicted under Section 148 of the Indian Penal Code and sentenced to R.I. for one year. The appellant, Shankar Rajak, has again been convicted under Section 324 and 379 of the Indian Penal Code and sentenced to R.I. for one year on each count. The sentences awarded to the appellants, however, have been ordered to run concurrently.

(3.) The prosecution case may be stated thus:-