BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the same judgment and as such, they were heard together and are being disposed of by this common judgment.

(2.) BHAGWAN Singh (Appellant in Cr.Appeal No.338 of 2000) and Ratan Singh alias Ratnjay Singh (Appellant in Cr.Appeal No.402 of 2000), being aggrieved by the judgement dated 27th of June, 2000. passed by 2nd Additional Sessions Judge, Begusarai in Sessions Trial No.534 of 1995 holding the appellants guilty of offence under Sec.302/ 34 of the Indian Penal Code and Sec.27 of the Arms Act and awarding them the sentence of life imprisonment and six years each respectively, have preferred these appeals.

(3.) ACCORDING to the first information report, motive for the occurrence is the dispute in relation to the partition of property at Niraulipur Diara for which two months prior to the incident, a criminal case in Balia Police Station against Satya Nand Singh, deceased was lodged for the occurrence which has taken place there. On the basis of the aforesaid information, Barauni P.S.Case No.187 of 1994. was registered under Sec.302/34 of the Indian Penal Code. The police, after investigation, submitted charge sheet and ultimately, they were committed to the court of Sessions to face the trial, where they were charged for committing the murder of Satya Nand Singh in furtherance of their common intention punishable under Sec.302/34 of the Indian Penal Code and also for possessing country made pistol with intention to use the same for unlawful purpose punishable under Sec.27 of the Arms Act. Uma Shankar Singh and Bijay Kumar Singh have been put on trial separately. It is relevant here to state that deceased Satya Nand Singh and Uma Shankar Singh are brothers whereas informant Ajay Kumar Singh is their nephew and appellant Ratan Singh is the son of Uma Shankar Singh.