INDRADEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals are directed against the same judgment and order passed By the trial Court. In Criminal Appeal No. 385 of 1997 there are three appellants, each of whom is convicted under Sections 302 and 452 of the Penal Code and sentenced to undergo rigorous imprisonment for life and for one year respectively for the offences of murder and house-trespass. In Criminal Appeal No. 413 of 1997 there are four appellants; all of them are convicted only under Section 452 of the Penal Code with the sentence to undergo rigorous imprisonment for one year.

(2.) Before the trial Court appellant No. 1 in Cr. Appeal No. 385 of 1997, namely, Indradeo Singh alias Indo Singh alone was charged under Section 302 of the Penal Code. All the remaining six appellants were charged under Section 302/149 of the Penal Code. All the seven appellants were further charged separately under Sections 452 and 380 of the Penal Code. At the end of the trial, however, they were convicted and sentenced as noted above.

(3.) The prosecution case was instituted on the basis of the statement of one Manoj Kumar (P.W. 6, the son of the deceased Ahliya Devi) recorded as fard-e-bayan (Ext. 7) by an Assistant Sub Inspector of Police of Barh P.S. at Barh hospital on 27-12-1994 at 8.30 p.m. the fard-e-bayan was incorporated in a formal FIR (Ext. 8) instituted on the same day at 9-30 p.m. The FIR appears to have been seen by the A.C.J.M., Barh on 29-12-1994.