RAJENDRA SINGH SON OF LATE RAMDEO SINGH, RESIDENT OF VILLAGE WAHITPUR P.S. GAURICHAK, DISTRICT PATNA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By the judgment and order, dated 15.05.2015, passed, in Sessions Trial No. 960 of 2003, the learned Additional Sessions Judge-III, Patna, while acquitting the accused-respondents, namely, Satish Singh, Baijnath Singh and Anuranjan Kumar, of the charge framed against them under Sec. 307 read with Sec. 34 of the Indian Penal Code, have convicted them under Sec. 323 of the Indian Penal Code. However, the learned trial Court has allowed them to go, in the facts and circumstances of the case, by admonishing them as first offenders. The grievance of the present appellant is that the accused-respondents ought to have been convicted by the learned trial Court for the offence punishable under Sec. 307 read with Sec. 34 of the Indian Penal Code.

(2.) The case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under:

(3.) Based on the First Information Report, so lodged, Punpun (Gauri Chowk) Police Station Case No. 48 of 2001, under Sec. 307/34 of the Indian Penal Code, was registered, on 03.08.2001, against the accused persons, namely, Baijnath Singh, Anuranjan Kumar and Satish Singh. On completion of investigation, charge sheet was submitted and accused persons were put on trial.