SHIVJI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY the judgment, dated 29.07.2009, passed, in Sessions Trial No. 261 of 2003, by learned Additional Sessions Judge V, Rohtas at Sasaram, the appellant, Shivji Sah, stands convicted under Section 302 of the Indian Penal Code and also under Section 27 of the Arms Act, 1959. Following his conviction under Section 302 of the Indian Penal Code, the accused -appellant, Shivji Sah, has been sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/ - and, in default of payment of fine, suffer simple imprisonment for six months. Consequent upon his conviction under Section 27 of the Arms Act, 1959, the accused -appellant, Shivji Sah, has been sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 1,000/ - and, in default of payment of fine, suffer simple imprisonment for one month. The sentences have been directed to run concurrently.

(2.) THE case of the prosecution may, in brief, be described thus:

(3.) IN support of their case, prosecution examined as many as 10 witnesses. Accused was, then, examined under Section 313 (1) (b) of the Code of Criminal Procedure and, in their examinations aforementioned, both the accused denied that they had committed the offences, which were alleged to have been committed by them, the case of the defence being that of denial and of the two accused aforementioned having been implicated falsely, in the case, due to previous enmity, though Bharat Sah was killed by unknown robbers, while he was returning to his house after closing his shop at Natwar Bazar. The defence, too, adduced evidence by examining two witnesses.