NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have emerged out of the judgment and order passed by the then learned Additional Sessions Judge II, Khagaria on 13/14th September, 2000 in Sessions Trial No. 228 of 94, so they were heard together and are being disposed of by this common judgment.

(2.) THE above named 9 appellants have been convicted and sentenced to life imprisonment with fine of Rs. 2000/ - each for the offence under Sections 302/149 of the IPC, and in default further RI for six months. The appellants, Bhagawan Singh, Bisho Singh @ Bisheshwar Singh, Laxman Singh, Narayan Singh, Sudhir Singh and Sulen Singh, have again been convicted and sentenced to RI for three years under Section 148 of the IPC. The appellants, Nago Singh @ Nageshwar Singh, Janak Singh @ Janak Lal Singh and Khajantu Singh, have further been convicted under Section 147. of the IPC, and sentenced to RI for two years. The appellants, Sulen Singh, Nago Singh @ Nageshwar Singh and Janak Singh ((THELAW)) Janak Lal Singh, have again been convicted and sentenced to imprisonment for six months under Section 323 of the Indian Penal Code. The appellants, Bhagawan Singh, Bisho Singh @ Bisheshwar Singh, Laxman Singh and Narayan Singh, have further been convicted under Section 27 of the Arms Act and sentenced to RI, for five years. The substantive sentences awarded to the appellants, however, have been ordered to run concurrently. The fine amount was ordered to be paid to the wives of the both the deceased.

(3.) ON the same day at 6.30 p.m. the S.I. S.N. Singh of Chautham PS recorded the fardbeyan (Ext. No. 1) of the informant, Ram Sharan Singh in the P.O. village at the darwqja of Sukhram Singh. The fardbeyan of the informant was forwarded to the Officer -in -charge of Chautham Police Station for the institution of a case on the basis of which a formal FIR (Ext. No. 2) was drawn up and Chautham PS. Case No. 1/94, dated 2.1.1994 was registered under Sections 147, 148, 149, 323, 324, 337, 302 IPC, and Section 27 of the Arms Act, against the 13 accused persons, namely (1) Bhagawan Singh, (2) Laxman Singh, (3) Narayan Singh, (4) Khajanu Singh, (5) Janak Singh, (6) Sulen Singh, (7) Nago Singh, (8) Jagdeo Singh, (9) Bisho Singh @ Bisheshwar Singh, (10) Sudhir Singh, (11) Urmila Devi, (12) Sulochna Devi, (13) Rani Devi. On completion of investigation police charge -sheeted all the nine accused -appellants for trial. After cognizance of the offence and commitment of the case the accused -appellants were tried and convicted in the manner indicated above.