GANESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals have put to challenge the judgment, dated 20.02.2013, passed, in Sessions Trial Nos. 152 of 2011 and 344 of 2012, by learned Ad hoc Additional Sessions Judge-I, Bhojpur, Ara, whereby all the three accused-appellants stand convicted under Section 302 read with Section 34 of the Indian Penal Code. By the impugned judgment, dated 20.02.2013, the accused-appellant, Bishnu Singh @ Bishnu Shankar Singh, also stands convicted under Section 27 of the Arms Act, 1959. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, all the three accused-appellants herein have been sentenced to suffer imprisonment for life and pay fine of Rs. 25,000/- (twenty five thousand) each, and in default of payment of fine, suffer imprisonment for a period of six months. For his conviction under Section 27 of the Arms Act, 1959, the appellant, Bishnu Singh @ Bishnu Shankar Singh, has also been sentenced to suffer imprisonment for three years and pay fine of Rs. 5,000/- (five thousand) and, in default of payment of fine, undergo simple imprisonment for a period of one month.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(3.) At the trial, while charges were framed against all the three accused persons aforementioned under Section 302 read with Section 34 of the Indian Penal Code, an additional charge was framed under Section 27 of the Arms Act, 1959, against accused Bishnu Singh @ Bishnu Shankar Singh. To the charges so framed, all the three accused persons pleaded not guilty.