SITARAM SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Initially two appeals, bearing Criminal Appeal (DB) No.463 of 1992 and Criminal Appeal (DB) No.7 of 1993, were preferred against the judgment and order of conviction, dated 30.11.1992, passed by learned 3rd Additional Sessions Judge, Siwan in Sessions Trial No. 184 of 1988, arising out of Maharajganj P.S. case no. 124 of 1987 under Sections 147, 148, 149, 302, 307, 324, 447 of the Indian Penal Code, Section 27 of the Arms Act and of the Explosive Substance Act.

(2.) Criminal Appeal (DB) No.463 of 1992 was filed by Patna High Court six appellants, namely, Sitaram Singh, Jalil Mian, Rajendra Singh, Ash Mohammad, Ramayan Singh and Raghav Singh, whereas Criminal Appeal (DB) No.7 of 1993 was filed by Bachcha Singh. During the pendency of the appeal, the three appellants of Criminal Appeal (DB) No.463 of 1992, namely, Sitaram Singh, Jalil Mian and Raghav Singh and the sole appellant of Criminal Appeal (DB) No.7 of 1993, e.g. Bacha Singh, died and consequently the appeal against them abated vide order, dated 15.09.2015 of this Court, as such only Criminal Appeal (DB) No.463 of 1992 filed on behalf of remaining appellants, namely, Rajendra Singh, Ash Mohammad and Ramayan Singh, survived. All the three appellants of Criminal Appeal (DB) No.463 of 1992 were found guilty under Section 302/149 of the Indian Penal Code and were sentenced to undergo Rigorous Imprisonment for life. Besides this, the appellant Rajendra Singh and Ash Mohammad were found guilty under Section 27 of the Arms Act, however, no separate sentence has been awarded for it. The appellant Ramayan Singh was found guilty under Section 148 of the Indian Penal Code and has been sentenced to undergo R.I. for six months. However, the sentences were ordered to run concurrently.

(3.) The informant Jagnarayan Singh (P.W.5) along with his injured brother Nag Narayan Singh carrying dead body of Patna High Court another brother Ram Naresh Singh came to the police station at 2.30 P.M. on 09.11.1987 and made his fardbeyan, which was recorded by Sub-inspector of Maharajganj police station.