RAM BINAY YADAV, Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been preferred against the judgment of conviction dated, 1/12/2010, and order of sentence dtd. 4/12/2010, passed by Sri Narayan Prasad Singh, learned Additional Sessions Judge-V, Begusarai in Sessions Trial No. 594 of 2009, arising out of Sahebpur Kamal P.S. Case No. 42 of 2009, by which all the four appellants have been convicted under Ss. 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life and a fine of Rs.10,000.00 each under Sec. and in default to undergo R.I. for further one year. Appellants, namely, Sanjay Yadav (Cr. Appeal (DB) No. 53 of 2011) and Darogi Yadav (Cr. Appeal (DB) No. 1398 of 2010) have also been convicted under Sec. 27 of the Arms Act and sentenced to undergo R.I. for three years. However, both the sentences have been ordered to run concurrently.

(2.) The prosecution case, in short, as made out in the fardbeyan of Siya Ram Yadav (P.W.3) resident of village Ahoghat (Krati Marar Tola), P.S. Sahebpur Kamal, District- Begusarai, recorded by A.S.I. J. N. Baitha of Town police station on 15/3/2009, at 4.00 P.M. in Sadar Hospital, Begusarai, is as follows:

(3.) The police in course of investigation prepared inquest report and sent the dead body for post-mortem. He also took restatement of the informant as well as statement of the other witnesses under Sec. 161 of the Cr.P.C. The police visited the Patna High Court CR. APP (DB) No.1398 of 2010 dt.28/2/2017 place of occurrence on the next day of the occurrence. The police after investigation submitted charge-sheet under Ss. 302/34 of the Indian Penal Code and 27 of the Arms Act.