NAGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment passed in Sessions Trial No. 111 of 1993 wherein and whereunder accused Nagendra Singh (presently the sole appellant) was convicted under Sections 302 of the Indian Penal Code and 27 of the Arms Act and accused Tulsi Singh (dead) was convicted under Sections 302 and 34 of the Indian Penal Code and further convict Nagendra Singh was sentenced to undergo R.I. for life and a fine of Rs. 1000/- (Rs. One thousand) under Section 302 of the IPC and also sentenced to undergo R.I. for 3 years and to pay fine under Section 27 of the Arms Act. Tulsi Singh (dead) was also sentenced to undergo R.I. for life under Section 302/34 of the IPC. The sentences were directed to run concurrently.

(2.) It may be mentioned that in this appeal accused Nagendra Singh is the sole appellant. During the pendency of the appeal, the father of Nagendra Singh, namely Tulsi Singh died and hence presently appeal was heard on behalf of the sole appellant.

(3.) In Sessions Trial No, 111 of 1993, accused Nagendra Singh, Gajendra Prasad Singh, Shobha Devi, Dropadi Devi, Tulsi Singh and Indu Devi stood trial. Accused Nagendra Singh was charged with offence under Section 302 of the IPC for intentionally committing murder of the deceased Rameshwar Singh and he was further charged with offence under Section 27 of the Arms Act for keeping fire arm i.e., pistol, in unlawful possession intending to use the same for unlawful purpose to commit murder of the deceased Rameshwar Singh. Accused Nagendra Singh, Gajendra Prasad Singh, Shobha Devi, Dropadi Devi and Indra Devi were charged with the offence under Section 302/149 of the IPC for being members of an unlawful assembly armed with country made pistol, bhala etc. with the common object to commit murder of the deceased Rameshwar Singh. In course of trial, Gajendra Singh died and, therefore, his name was deleted on 19.3.1997.