SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the six appeals have been directed against the judgment dated 19.8.2003 and order dated 22.8.2003 passed by Shri Uday Shankar, Ist Additional Sessions Judge, Madhepura, in Sessions Trial No. 76 of 2002 and Sessions Trial No. 76(A) of 2002 tried analogously and are being disposed of by this common judgment.

(2.) Appellant Subhash Kumar alias Subhash Mahto has been convicted for the offence under Section 364/34 of the Indian Penal Code (in short, IPC) and sentenced to undergo R.I. for 10 years with a fine of Rs. 10,000/- and in case of default of payment of fine to undergo further R.I. for 2 years. The appellants namely, Jitendra Singh alias Nepali, Sanjeev Kumar Singh alias Sanjeev Singh and Pankaj Singh have been convicted under Section 364-A/34 IPC and sentenced to undergo R.I. for 10 years with a fine of Rs. 5,000/- each and in case of default of payment of fine to undergo further R.I. for one year. The aforesaid four appellants have further been convicted under Section 120-B(1) IPC and sentenced to undergo R.I. for 10 years. Two appellants Munna Singh alias RamuSarkar and Shiv Shankar Singh have been convicted under Section 120-B(1) IPC and sentenced to undergo R.I. for 10 years with a fine of Rs. 5,000/- each and in case of default of payment of fine to undergo R.I. for a further period of one year. All the sentences, however, have been ordered to run concurrently.

(3.) Subhash Kumar son of Shiv Narayan Mahto of village Sinheshwar, Mandir Road, P.S. Sinheshwar in the district of Madhepura, gave a fardbeyan on 26.2.2001 at 1.35 p.m. alleging therein that he was a compounder-cum-driver of Maruti Car of Dr. Deep Narayan Choudhary of Sinheshwar. On that day at 10.00 a.m. he along with the said doctor was going to Saur Bazar on scooter No. BR 43-1296 driven by the said doctor and he was a pillion rider. After filling five litres of petrol near Madhepura Bus stand, they proceeded and after passing railway crossing of Mathahi reached near the west of canal where live persons on two motorcycles came there and asked to stop the scooter. The scooter was stopped and thereafter all the persons who were on the two motrocycles surrounded them from both sides. They assaulted him and the doctor by the but of pistols. They got the doctor sit over the motorcycle in between two riders. One of the miscreants sat over the back of the scooter and on the point of pistol they all proceeded towards Sabila Chowk. After going a short distance they turned towards left side in the southern direction of brick soled road. After crossing village Dhanchhuha near a lonely place informant was asked to stop his scooter and accordingly he stopped the scooter. The tyre of the scooter was got leaked and the miscreants went away with the motorcycle leaving the informant's scooter. The informant changed the rear tyre by stepney and returned. He gave the present fardbeyan at Madhepura Police Station. On the basis of this fardbeyan a case under Sections 364 and 364-A/34 was registered against unknown.