SHAMBHU PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appealshave been heard together and are being disposed of by this common judgment because they relate to the same criminal trial and arise out of same impugned judgment.

(2.) IN each of the appeals there is one appellant and both are brothers. They have preferred appeals against the judgment and order dated 28th January, 2002 passed by learned Addl. Sessions Judge Vlth, Patna in Sessions Trial No. 472 of 2000 arising out of Dhanarua PS Case No. 131 of 1999. Appellant Satish Singh has been convicted under Sec. 302 of the Penal Code and Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life on the first count and rigorous imprisonment for five years on the other count. The sentences are to run concurrently. Appellant Shambhu Singh has been convicted under Sec. 302 read with Section 34. of the Penal Code and sentenced to rigorous imprisonment for life.

(3.) SOON after recording the fardbeyan the Officer Incharge of Dhanarua Police Station Shiva Dhwaja Ram (PW 12) took over investigation himself. He recorded further statement of the informant and the statement of witnesses, prepared the inquest report prepared seizure lists of bloodstained earth from the Darwaza of the informant and of a live 315 cartridge said to have been recovered from the roof of house of accused persons. The body of the deceased was sent for post mortem examination which appears to have been conducted by Dr. Arun Kumar Singh (PW 9), a tutor in Forensic Science Department of Patna Medical College and Hospital. The formal FIR was drawn up at the Police Station on 2.11.1999 at 20 hours.