JITENDER SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of the judgment of conviction dtd. 18/5/2017 and order of sentence dtd. 23/5/2017 passed by the learned Ad-hoc Additional District & Sessions Judge-VII, Fast Track Court-VII, Aurangabad in Sessions Trial No. 223 of 1988, corresponding to Trial No. 68A of 2017. Since both the appeals arise out of the same occurrence and challenge the same judgment of conviction and order of sentence, they have been heard together and are being disposed of by this common judgment.

(2.) Criminal Appeal (DB) No. 1393 of 2017 has been preferred by Shamim Mian, whereas Criminal Appeal (DB) No. 1460 of 2017 has been preferred by Jitendra Singh. By the impugned judgment, the appellants along with Rabbani Mian were convicted for the offences punishable under Ss. 147, 148, 302/149 and 307/149 of the Indian Penal Code and Sec. 27 of the Arms Act. For the offence under Sec. 302/149 IPC, they were sentenced to imprisonment for life; for Sec. 307/149 IPC, rigorous imprisonment for seven years; for Sec. 147 IPC, rigorous imprisonment for one year; for Sec. 148 IPC, rigorous imprisonment for two years; and for Sec. 27 of the Arms Act, rigorous imprisonment for five years, besides the fines imposed by the learned trial Court. The sentences were directed to run concurrently.

(3.) The prosecution case originates from Obra P.S. Case No. 46 of 1983 relating to an occurrence dtd. 23/2/1983 at village Mahasi, Police Station Obra, District Aurangabad. The genesis of the occurrence lies in a dispute between the two groups, including a dispute relating to the installation of a hand-pump and the passage in the lane. The evidence further discloses previous hostility and litigation between the parties.