AJEET KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Ajeet Kumar Rai alias Ajeet Narayan Rai, Vinay Kumar Rai and Ashutosh Kumar Rai alias Sanjay Kumar Rai were put on trial for causing murder of Nanda Kumar Singh in furtherance of their common intention punishable under Section 302/34 of the Indian Penal Code. Appellant Ashutosh Kumar Rai has further been charged for committing the murder of Nand Kumar Singh punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

(2.) The Presiding Officer, Additional Court No. 1 (Fast Track Court), by judgment dated 7th February, 2002 passed in Sessions Trial No. 578/1 of 1996/2001 held Ajeet Kumar Rai alias Ajeet Narayan Rai and Vinay Kumar Rai guilty under Section 302/34 of the Indian Penal Code, for short 'IPC' and appellant Ashutosh Kumar Rai alias Sanjay Kumar Rai under Section 302 of the IPC and sentenced them to undergo rigorous imprisonment for life. Appellant Ashutosh Kumar Rai alias Sanjay Kumar Rai has further been found guilty of offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years.

(3.) Being aggrieved by and dissatisfied with the judgment of conviction and sentence, appellants Ajeet Kumar Rai alias Ajeet Narayan Rai and Vinay Kumar Rai have preferred the present appeal which has been numbered as .Cr. Appeal No. 71 of 2002. Appeal preferred by appellant Ashutosh Kumar Rai alias Sanjay Kumar Rai has been registered as Cr. Appeal No. 153 of 2002. As both the appeals arise out of the same judgment, they were heard together and are being disposed of by this common judgment.