NITYA NAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals arise out of judgment and order dated 23rd February, 1988 passed by learned Additional Sessions Judge, X, Patna in Sessions Trial No. 238 of 1985 arising out of Maner PS Case No. 0071 dated 1.7.1982. Hence the appeals have been heard together and are being disposed of by this common judgment.

(2.) BY the judgment under appeal the two appellants of Cr. Appeal No. 106/88 namely, Nitya Nand Singh and Ramanuj Singh and the sole appellant of Cr. Appeal No. 144/ 88 namely, Awadhesh Singh have been convicted for the offence under Sec. 302/34 and Sec. 201 of the Indian Penal Code. They have been awarded life imprisonment for the offence under Sec. 302/34 of the IPC but no separate sentence has been passed for the other offence. The sole appellant of Cr. Appeal No. 189/88 Ram Subhag Singh has been convicted for the offence under Sec. 302 and Sec. 201 of the IPC. For the offence under Sec. 302 IPC he has been awarded life imprisonment and like others he has not been awarded separate sentence for offence under Sec. 201 IPC.

(3.) THE fardbeyan as noticed above was recorded by Officer Incharge of Maner PS, SI, R.C. Singh and the investigation was handed over to an ASI, Bashistha Pandey (PW -8). He prepared inquest report (Exhibit - 6) and sent the dead body for postmortem examination through a constable and a Chaukidar, Chandan Paswan. He recorded further statement of the informant and inspected the place of occurrence. He prepared a sketch map of the place of occurrence and its neighbourhood which has been marked as Exhibit -9. After recording the statement of witnesses including PW -1, 2, 3, and 5, on the orders of the Superior Officers he ultimately submitted chargesheet against the named accused -appellants and after cognizance the case was committed to the court of sessions. The appellants pleaded not guilty to the charges framed against them. After trial they have been convicted by. the judgment and order under appeal.