HARE KRISHNA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the judgment, dated 18.06.2009, passed, in Sessions Trial No. 232 of 1994, learned 2nd Additional Sessions Judge, Hilsa, District Nalanda, has convicted the accused, Hare Krishna Sharma and Ram Krishna Sharma, under Section 302 read with Section 34 of the Indian Penal Code and Section 27 (1) of the Arms Act, 1959. In consequence of their conviction under Section 302 read with Section 34 of the Indian Penal Code, the accused-appellants have been sentenced, under the order, dated 19.06.2009, to suffer imprisonment for life and pay fine of Rs.10,000/- each. For their conviction under Section 27(1) of the Arms Act, 1959, accused-appellants, Hare Krishna Sharma and Ram Krishna Sharma, have been sentenced to undergo rigorous imprisonment for a period of five years and pay fine of Rs.2,000/- each. All the sentences have been directed to run concurrently.

(2.) The case of the prosecution, as unfolded by the First Information Report, lodged by Tuntun Sharma (P.W.11), may, in brief, be described as under:

(3.) During investigation, inquest was held over Sushila Kuer's dead body, which was also subjected to post mortem examination, and, on completion of investigation, charge sheet was laid, under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, against the three accused persons aforementioned.