SHAILENDRA SINGH @ SHAILENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals referred to above arose out of one and the same judgment and order dated the 21st December, 2001 passed by the Additional Sessions Judge, IV, Muzaffarpur in Sessions Trial No. 484/205 of 1998/ 1999 arising out of Paroo P.S. Case No. 209 of 1997 and hence they were heard together and are going to be disposed of by this common judgment.

(2.) THE appellants sufferred conviction and sentence of life imprisonment u/s. 302 read with Sec. 34 of the Indian Penal Code (hereinafter to be referred to as the Code) and sentence of one year each u/s. 27 of the Arms Act. Both the sentences were ordered to run concurrently.

(3.) THE motive impelling the appellants and other accused to commit gruesome and cold blooded murder of the deceased was that about one and a half month ago the accused Tullu Singh on the eve of shradh ceremony of his father -in -law demanded of the deceased some goods and articles as rangdari tax but he did not oblige him and protested against his high handed and illegal act of forcing the businessman to give ransom to him although other shopkeepers fulfilled and satisfied his demand for ransom. Demand for payment of ransom was also made from the deceased 4 -5 days prior to the date of incident but he again refused to make any payment for which he was threatened with dire consequences. The accused including the appellants got infuriated and enraged and they cherishing grudge and annoyance since then ultimately on the date quoted above put the incident leading to the commission of murder of the deceased to an end.