SUMAN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life as also under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for five years vide Judgment of conviction dated 04.01.2010 and Order of sentence dated 07.01.2010 passed by the 3rd Additional Sessions Judge, Bhagalpur, in Sessions Trial No.301(B) of 1992.

(2.) It is notable that three separate trials were held with regard to the nine accused. In the first trial, four persons were convicted whereas three acquitted and in the next two trials two persons were convicted, one in each including the Appellant.

(3.) The case of the prosecution, according to the Informant Dushyant Singh (P.W.6) is that in the night of 08.08.1990 at about 08.00 P.M., nine accused persons came to the house of his maternal uncle and killed his maternal uncle, maternal aunt and his brother. Whereas the Appellant is concerned, the allegation against him is that he alongwith Jaldhar Yadav and Chhanguri Yadav fired at his brother on account of which he died. The reasons for the occurrence is that he used to give some share from the money which he used to receive from supply of sand from the river near NTPC Kahalgaon and, later on, some dispute arose between the accused persons and himself as also his brother on account of which they used to hide in his maternal uncle's house and on the date of occurrence, his brother was caught by them and killed alongwith his maternal uncle and aunt.