SK. NEWAZUDDIN AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) UNDER the judgment, dated 02.04.1993 passed, in Sessions Trial No. 376 of 1982, by learned 1st Additional Sessions Judge, Bhagalpur, the accused -appellants, Umesh Singh, Jai Narain Singh, Sk. Manwa @ Jamiruddin, stand convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959, the accused -appellant, Deobrath Singh, stands convicted under Sections 148 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act, 1959, accused -appellant, Pinku Singh, stands convicted under Section 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act, 1959, accused -appellants, Jahir and Nathan, stand convicted under Section 302 read with Section 149 and 147 of the Indian Penal Code and accused -appellants, Sk. Newazuddin @ Sekh Khan @ Sk. Uddan, Sk. Makbul, Sk. Nemani, Sk. Jahir, Sk. Rustam, Sk. Salamat and Sk. Manir, stand convicted under Section 302 read with Section 149 of the Indian Penal Code. In consequence of their conviction under Section 302 of the Indian Penal Code, the accused -appellants, Umesh Singh, Jai Narain Singh and Sk. Manwa @ Jamiruddin stand, under the order, dated 03.04.1993, sentenced to suffer imprisonment for life and to suffer imprisonment for seven years each for their conviction under Section 27 of the Arms Act, 1959. While the accused -appellant, Deobrat Singh, stands sentenced to suffer imprisonment for life for his conviction under Section 302 read with Section 149 of the Indian Penal Code, he is sentenced, for his conviction under Section 27 of the Arms Act, 1959, to suffer imprisonment for seven years and also to suffer, for his conviction under Section 148 of the Indian Penal Code, imprisonment for three years. For their conviction under Section 302 read with Section 149 of the Indian Penal Code and under Section 147 of the Indian Penal Code, the accused -appellants, Jahir and Nathan, stand sentenced to suffer imprisonment for life and to suffer imprisonment for two years respectively. For their conviction under Section 302 read with Section 149 of the Indian Penal Code, the accused -appellants, Makbul, Sk. Nemani, Sk. Shekhawat, Sk. Safru, Sk. Manir, Sk. Salamat, Sk. Rustam and Sk. Newajuddin @ Sk. Uddan, stand sentenced to suffer imprisonment for life. All the sentences have been directed to run concurrently. The case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under:

(2.) AT the trial, charges, under Section 302 read with Section 149 of the Indian Penal Code, were framed against all the accused. Substantive charge, under Section 302 of the Indian Penal Code, was also framed against accused Umesh Singh, Jai Narain Singh, Pinku Singh and Jamiruddin. Apart from the fact that a charge under Section 324 of the Indian Penal Code was framed against accused Umesh Singh, Deobrat, Jai Narain Singh and Pinku Singh, a charge, under Section 27 of the Arms Act, 1959, was also framed against accused Umesh Singh, Jai Narain Singh, Pinku Singh, Deobrat and Jamiruddin. To the charges so framed, accused pleaded not guilty.

(3.) THE defence, too, adduced evidence by examining five witnesses. As far as accused Sk. Nemani and Md. Makbul are concerned, they took the plea of alibi.