SHYAMANAND MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Shyamanand Mishra, Sachidanand Mishra and Ashok Kamti have been convicted u/s. 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellants Shyamanand Mishra and Ashok Kamti have further been convicted u/s. 323 of the Indian Penal Code and they have been awarded sentence of R.I. for six months. Appellant Bindeshwari Kamti has been convicted u/s. 302 of the Indian Penal Code and awarded sentence of rigorous imprisonment for life. He has further been convicted u/s. 323 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for six months.

(2.) CRIMINAL Appeal No. 374 of 2001 and Criminal Appeal No. 429 of 2001 arise out of judgment of conviction passed by the 3rd Additional Sessions Judge, Madhepura in Sessions Trial No. 208 of 1994. Since both the appeals arise out of same judgment and order of conviction dated 26.7.2001 /27.7.2001 as such both the appeals have been heard together and are being disposed of by this common judgment.

(3.) ON the basis of written report Uda -Kishunganj P.S. Case No. 181 of 1992 was registered for the alleged offence under Ss. 147, 148, 149, 323, 324, 326 and 307 of the Indian Penal Code and 27 of the Arms Act. During investigation Sunil Kumar Mishra died and Sec. 302 of the Indian Penal Code was also added. After investigation chargesheet was submitted u/s. 302/149, 307, 323 and 109 of the Indian Penal Code. Cognizance was taken against all named accused persons. The case was committed to the court of sessions for trial and all five accused persons were charged u/s. 302/149 and 323 of the Indian Penal Code. Sitaram Mishra was charged u/s. 307 of the Indian Penal Code also. No chargesheet u/s. 27 of the Arms Act was submitted as the allegation of carrying firearm was not found to be correct. On conclusion of the trial one of the accused Sitaram Mishra who was charged u/s. 302/149 and 307 of the Indian Penal Code was acquitted of the charge, but other accused persons were convicted and sentenced as stated above.