MANEET BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appeals have been filed by the appellants assailing the judgment of conviction, dated 19.06.2006, and order of sentence passed by learned Additional Sessions Judge, Fast Track Court-II, Bhagalpur in Sessions Trial No. 591 of 2001 / T.R. No. 133 of 2006, arising out of Bath P.S. Case No. 12 of 2000, by which all the appellants herein, namely, Maneet Bind, Jogi Bind alias Jogo Bind, and Angad Bind have been convicted under Section 302/34 of the Indian Penal Code read with Section 27 of the Arms Act and sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and they have been further sentenced to undergo three years R.I. for the offence under Section 27 of the Arms Act. However, both the sentenced have been directed to run concurrently.

(2.) It is the prosecution case that on 25.05.2000 at 9.00 p.m. when Damodar Bind was present at the Chakki Mill in village English Ratanpur, Police Station Bath, District- Bhagalpur Jogo Bind appellant in Cri. Appeal (DB) No. 559 of 2007 along with other appellants, namely, Angad Bind appellant in Cri. Appeal (DB) No. 1038 of 2011, Jai Hind Bind, Umesh Bind arrived with firearms, surrounded the informant, namely, Damodar Bind (the deceased), assaulted him and when in the meantime Sobhi Bind, Binod Bind and Maneet Bind came to the spot and raised hue and cry Jogo Bind, who was armed with gun, fired upon the informant-deceased Damodar Bind causing injury on his armpit, right Panjra (shoulder) right buttock and left thigh. It is said that some people came to the spot seeing the commotion that was created the accused ran away and it is the case of the prosecution that motive for committing the offence is that Damodar Bind was informing about the activities of the group. The deceased/informant Damodar Bind was immediately brought to Jawahar Lal Nehru Medical College and Hospital, Bhagalpur, where his statement was recorded at 10.30 a.m. on 26.05.2000 on the basis of which the fardebayan was recorded and the prosecution initiated. However, the deceased Damodar Bind succumbed to the injuries after a period of more than 15 days in the night intervening 11/12.06.2000.

(3.) Initially, the case was registered against all the accused persons for the offence under Sections 147, 148, 341, 323, 504 read with Section 307 of the Indian Penal Code and Section 27 of the Arms Act. However, subsequently, the charges were framed, they were only charged for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.