RAJ KUMAR SAHNI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The Appellants of Criminal Appeal (DB) No.287 of 2015 have been convicted under Ss. 147, 148, 149 and 302 of the Indian Penal Code and Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life under Sec. 302 of the Indian Penal Code with fine of Rs.10,000.00, and sentenced to undergo rigorous imprisonment for five years under Sec. 27 of the Arms Act with fine of Rs.5000.00, in default of payment of fine, to undergo further rigorous imprisonment for one year vide Judgment of conviction dtd. 19/1/2015 and Order of sentence dtd. 20/1/2015 passed by the 7th Additional Sessions Judge, Muzaffarpur, in Sessions Trial No.341 of 2012. However, no separate sentence was awarded under Ss. 147, 148 and 149 of the Indian Penal Code. The Appellants of Criminal Appeal (DB) Nos.151 of 2015 and 281 of 2015 have been convicted under Ss. 147, 148, 149 and 302 of the Indian Penal Code and Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life under Sec. 302 of the Indian Penal Code with fine of Rs.10,000.00, and sentenced to undergo rigorous imprisonment for five years under Sec. 27 of the Arms Act with fine of Rs.5000.00, in default of payment of fine, to undergo further rigorous imprisonment for one year vide Judgment of conviction dtd. 19/1/2015 and Order of sentence dtd. 20/1/2015 passed by the 7th Additional Sessions Judge, Muzaffarpur, in Sessions Trial No.463 of 2010. However, no separate sentence was awarded under Ss. 147, 148 and 149 of the Indian Penal Code.

(2.) The case of the prosecution, according to the Fardbeyan of the Informant Deepak Kumar Singh (P.W.9), is that on 27/7/2008 at about 01.00 P.M. while he alongwith the two deceased and rest of the family members were sitting and talking, 19 accused persons including the Appellants variously armed came and surrounded his brother Pappu Singh and Pawan Singh and, thereafter, they ordered that they should be killed. Hearing this, both the deceased ran and hid themselves in the house of Sanjeevan Ram. The Informant also ran and hid himself in the adjacent hut and from the jute curtain, he saw his brother Pappu Singh being fired at by the accused Ganga Sahni, Daroga Sahni, Sahindra Ram, Shailndra Ram, Ram Lagan Sahni and Ahay Kuer on account of which his brother Pappu Singh fell down dead. He states as to how each of the persons were specifically fired at the deceased Pappu Singh. He further narrated that thereafter, the accused Ganga Sahni, Ajay Kuer, Sahindra Ram, Shaildnera Ram, Ramashish Sahni and Jagan Ram fired at the deceased Pawan Singh on account of which he also fell down dead. The accused persons then pulled out their dead bodies and kept the same upon each other outside the house. He alleged that Sipahi, son of accused Ganga Sahni, who was in jail, had conspired to kill them in pursuance to which both the deceased were killed. Thereafter, the accused Ajay Kuer and Ganga Sahni fled away on the motorcycle of Pawan Kumar. He stated that P.W.1 Suresh Singh, P.W.2 Shyam Kumar Singh alias Shambhu Singh, P.W.3 Sanjeet Singh, P.W.6 Baijnath Singh, P.W.8 Most. Champa Devi and others had seen the occurrence. This statement was given in presence of P.W.1 Suresh Prasad Singh.

(3.) It appears that two separate trials were held in regard to the present Appellants. Whereas 13 Appellant have faced trial in Sessions Trial No.463 of 2010, 3 Appeallants faced trial in Sessions Trial No.341 of 2012. Whereas 12 witnesses were examined in Sessions Trial No.463 of 2010, in equal number, the same witnesses were examined in the subsequent trial (Sessions Trial No.341 of 2012).