VIJAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been preferred for setting aside the judgment of conviction and order of sentence dtd. 27/8/2015 and 1/9/2015 respectively passed in Sessions trial no. 659 of 2008 by learned 1st Additional Sessions Judge, Bhojpur, Ara (hereinafter referred to as the learned trial court).

(2.) By the judgment under appeal (hereinafter referred to as the impugned judgment), the learned trial court has convicted the appellants for the offences under Sec. 302/34 of the Indian Penal Code (in short 'IPC') and both the appellants have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,00,000.00 each for the offence under Sec. 302/34 of IPC and in default of payment of fine, they have been directed to undergo further six months rigorous imprisonment.

(3.) The prosecution case is based on the fardbeyan (Exhibit-2) of Kamlesh Singh (PW-8) which was recorded by S.I. Anil Kumar Karan (officer-in-charge) of Piro police station on 6/5/2004 at 11:00 P.M., in which the informant alleged that on 5/5/2004 in the evening, he along with his brothers Dilip Singh (deceased), Jitendar Singh and two co-villagers Dhanji Singh and Bir Bahadur Choudhary had gone to Piro market. It is alleged that at about 5:00-5:30 P.M., when they reached at Lohiya Chowk, all of sudden, Lambu Sharma (appellant) came there and slapped Dhanji Singh and on intervention, Lambu Sharma fled away. It is further alleged that at about 7:15 P.M., when the informant along with other persons returning and reached at Gandhi Chowk when Dilip Singh and Dhanji Singh were going ahead, in the meantime, Vijay Sharma, Shambhu Sharma, both brothers of Lambu Sharma and his father Samhut Sharma shouted that '???? ???? ???? ? ????' and caught hold of Dilip Sharma and Lambu Sharma having knife in his hand stabbed Dilip Sharma. They reached there by running then all the accused persons fled away. It is stated that Dilip was taken to Piro hospital from where seeing his condition, he was referred to Sadar Hospital, Ara and then P.M.C.H., Patna. Today, on 6/5/2004 in the morning, during treatment Dilip died. It is stated that due to treatment, the beyan was not given and after returning from Patna he is giving his statement.