GANESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SAMARENDRA PRATAP SINGH. J, The instant appeal has been filed by the four accused - appellants against judgment of conviction, dated 29.05.2013, under Sections 302/34 and 201/34 of the Indian Penal Code, passed by Additional Sessions Judge -II, Madhubani, in Sessions Trial Nos. 16 of 1999 and 16A of 1999 (Trial Nos. 263 of 2012 and 263A of 2012), arising out of Basopatti P.S. case No.91 of 1997, appertaining to G.R. No. 1806 of 1997. The accused -appellants have been sentenced, by order, dated 31.05.2013, to imprisonment for life and a fine of Rs.5,000/ - (Five thousand), each for their conviction under Section 302/34 of the Indian Penal Code and, in default, to pay the fine to suffer simple imprisonment for additional six months. They have also been sentenced to rigorous imprisonment for five years and a fine of Rs.3,000/ - (Three thousand), each for their conviction under Section 201/34 I.P.C. and, in default thereof, to undergo further simple imprisonment of three months. However, both the sentences have been ordered to run concurrently.

(2.) THE prosecutions case, in short, as disclosed in the statement of informant, namely, Keshav Kumar Sah (PW. 10), recorded by Chandrama Singh, Officer -in -Charge, Basopatti, on 28.10.1997, at 8.30 A.M., at Basopatti cremation ghat, is as follows:

(3.) THE prosecution, in support of its case, has examined altogether 15 witnesses, namely, PW. 1 Kuldeep Sah, PW. 2 Munilal Mahto, PW. 3 Vinod Kumar Sah (son of late Shankar Sah), PW. 4 Dr. Sajjan Kumar Mishra, PW. 5 Ravinath Singh, PW. 6 Bina Kumari, PW. 7 Jyoti Devi, PW. 8 Vinod Kumar Sah (son of Ram Chandra Sah), PW. 9 Ramesh Mahto, PW. 10 Keshav Kumar Sah (informant), PW. 11 Mahendra Mahto, PW. 12 Mahendra Sah, PW. 13 Sushil Prasad Sah, PW. 14 Vishwanath Das, and PW. 15 Bhagirathi Devi.