LAL BABU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the common judgment of conviction and sentence passed by Shri Md. Shakir Hassan, Presiding Officer of Fast Track Court No. II, Saran at Chapra in Sessions Trial No. 9 of 2001/115 of 2002 and thus they were heard together and are being disposed of by this common order. The appellants faced trial for the alleged commission of offence punishable under section 302/34 of the Indian Penal Code. The learned trial court found the appellants guilty under section 302/34 of the Indian Penal Code and convicted them thereunder. They were sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5000/ - each and in default of payment of fine, to undergo rigorous imprisonment for six months for having committed the above offence.

(2.) ALL the appellants are full brothers and the informant and the appellants belong to the village Mahuani, P.S. Awtarnagar, District Saran.

(3.) THE police reached at Jhaua Dhala and recorded the Fardbeyan of the informant on the same date at 6.30 hours. On the basis of the Fardbeyan a formal F.I.R. (Ext. 6) was drawn up. The police, as usual, took up investigation and submitted charge sheet against the appellants. Cognizance of the offence was taken and the case was committed to the court of Sessions and the appellants were put on trial.