ASHOK SINGH AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure is filed by the accused in Sessions Trial No.39/79, on the file of the 1st Additional Sessions Judge, Begusarai. The appellants were tried for the offence punishable under Sections-302 read with 149 of I.P.C. They were alleged to have killed one Shri Sitaram Mishra, M.L.A. at 7:15 p.m. on 23.8.1978 at Bihat. Through its judgment dated 11.4.1991, the trial court convicted the appellants and sentenced them to undergo imprisonment for life.

(2.) The facts, as presented by the prosecution before the trial court, are as under:

(3.) In the meanwhile, he is said to have seen about 9-10 persons, including the appellants herein, proceeding towards the deceased, and that he saw them with the help of the torch in his hand. One Mr. Laddu Singh (who is alleged to have died and as such not put to trial) is said to have fired a shot with his country-made gun on the deceased and when the deceased fell on the ground, he threatened the people around, by firing a shot into the air.