NAGINA CHAMAR AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No. 2, Atwar Rajwar, was charged under section 302 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959, whereas all other appellants were charged under Sections 302 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959. The trial Court, while acquitting appellant, Atwar Rajwar, for offence under Sections 302 read with Sec. 34 of the Indian Penal Code, convicted Atwar Rajwar, along with others, for offences under Sections 302 read with 149 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959, and sentenced them to suffer imprisonment for life and rigorous imprisonment for a period of three years respectively, under each count, vide judgment, dated 2.3.1993, passed, by the learned 7th Additional Sessions Judge, Rohtas at Sasaram, in Sessions Trial No. 14 of 1990. However, the sentences were directed to run concurrently.

(2.) The prosecution case, in short, as set out in the fardbeyan of one Jang Bahadur Singh, recorded, on 28.08.1986, at about 8.25 AM, by Raghunath Mahto, a Sub-Inspector of Police, Karakat Police Station, in short, is as follows.

(3.) On the basis of fardbeyan of the informant, Karakat Police station Case No. 123 of 1986 was instituted under Sections 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959.