STATE OF BIHAR Vs. SATYA NARAYAN PRASAD WITH

JUDGEMENT

(1.) BEING aggrieved by and dis -satisfied with the Judgment dated 14.10.2004 and Order dated 15.10.2004 passed by Sri Paras Nath Sinha, Presiding Officer, Additional Court (Fast Track) Munger in Sessions Trial No. 571 of 1982 arising out of Jamalpur P.S. Case No. 64 of 1982 the 5 appellants of Cri. Appeal No. 788 of 2004 and 845 of 2004 have preferred the appeals and in view of appellant Ranjit Kumar being sentenced to capital punishment the judgment has been sent for confirmation of the capital punishment of death u/s. 366(1) of the Code of Criminal Procedure.

(2.) As the death reference and the appeals arise out of the same judgment and order they have been taken up and heard together and are being disposed of by this common judgment. Through the aforesaid judgment and order appellant Ranjit Kumar on being found guilty of the double murder of Bittan Sonar and Rajesh Kumar in broad daylight has been convicted under Ss. 148. and 302 of the Indian Penal Code as also Sec. 27 of Arms Act and whereas he has been sentenced to death for the offence u/s. 302 of the Indian Penal Code, he has further been sentenced to suffer Rigorous Imprisonment for 3 years each u/s. 148 of the Indian Penal Code and Sec. 27 of Arms Act. Appellant Satya Narayan Prasad has been convicted under Ss. 114, 148 and 302. read with Sec. 149 of the Indian Penal Code as also Sec. 27 of Arms Act and whereas he has been sentenced to suffer Rigorous Imprisonment for life and pay a fine of Rs. 2,000.00 in default to undergo Simple Imprisonment for 6 months for commission of offence u/s. 302 read with 149 of the Indian Penal Code, he has been sentenced to suffer Rigorous Imprisonment for 10 years u/s. 114. of the Indian Penal Code and Rigorous Imprisonment for 2 years u/s. 148 of the Indian Penal Code He has also been sentenced to Rigorous Imprisonment for 3 years u/s. 27 of Arms Act. Appellants Arun Kumar and Anant Kumar have been convicted u/s. 147, 302 read with Sec. 149 of the Indian Penal Code and whereas they have been sentenced to suffer Rigorous Imprisonment for life and pay a fine of Rs. 2,000.00, in default to suffer Simple Imprisonment for 6 months for the offence u/s. 302/149 of the Indian Penal Code They have further been sentenced to Rigorous Imprisonment for 2 years u/s. 147 of the Indian Penal Code Appellant Rajesh Kumar Soni has been convicted under Ss. 148 and 302 read with Sec. 149 of the Indian Penal Code and whereas he has been sentenced to suffer Rigorous Imprisonment for life and pay a fine of Rs. 2,000.00 in default to suffer Simple Imprisonment for 6 months for the offence u/s. 302 read with Sec. 149 of the Indian Penal Code he has been sentenced to undergo Rigorous Imprisonment for 2. years u/s. 148 of the Indian Penal Code The sentences in all cases were to run concurrently.

(3.) ACCORDING to the prosecution case as culled out from the fardbeyan given by one Tarini Prasad (P.W. 8) at 15.30 hrs. on 23.3.1982, he was sitting in his shop at around 12.45 P.M. when deceased Bittan Sonar and his son Rajesh Kumar were proceeding homewards to take their meals and as they reached infront of the house of one Kamla Babu an altercation in front of shop of one Maya took place between Bittan and Rajesh on one hand and Satya Narayan Sonar and his 4 sons, namely, Rajesh, Arun, Anant and Ranjit and as a consequence thereof Satya Narayan Sonar brought a gun from his shop which he handed over to his son Ranjit and ordered to kill whereupon the accused persons started assaulting Bittan and Rajesh near the drain. It is said that Rajesh assaulted Bittan on his head with a weapon like a small axe. Thereafter Ranjit fired at Bittan with his gun killing him at the spot and Arun poured acid from a bottle on the face of Bittan. It is further said that Rajesh the son of Bittan started fleeing whereupon Ranjit fired at Rajesh who also died at the spot. It is said that the informant being a member of the family of the two deceased raised hulla and fled away out of fear after closing his shop. It is also said that several persons including Rajendra (P.W. 5), Suresh (P.W. 6) and Prakash (P.W. 7) witnessed the occurrence. It is the further case of the prosecution that informant Tarini Prasad and deceased Bittan had enmity with the accused Satya Narayan Prasad in respect of a shop, the suit wherefor was pending in the Court of Subordinate Judge and this allegedly also happened to be the motive for the occurrence.