NARESH SADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been filed against the judgment of conviction dtd. 30/1/2016 and order of sentence dtd. 6/2/2016 passed by the Additional Sessions Judge IV, Khagaria in Sessions Trial No. 377/05/336/08/08/07, arising out of Alauli (Morkahi) Police Station Case No. 72 of 2004, dtd. 29/5/2004 under Sec. 302/34 of the IPC and 27 of the Arms Act. The sole appellant has been sentenced to undergo imprisonment for life along with fine of Rs.5000.00 for the offence under Sec. 302/34 of IPC, R/I for three years with a fine of Rs.5000.00 for the offence under Sec. 27 of the Arms Act. Both the sentences are directed to run concurrently. However, in the event of failure to deposit the fine, the appellant was directed to undergo simple imprisonment for a further period of three months.

(2.) The prosecution case, as made out in the fard beyan of Satyanarain Sah s/o Late Gena Sah of village Mohanpur Police Station Morkahi District Khagaria recorded by S.I.Chitranjan Mishra, Officer-in-charge of Morkahi Police Station on 29/5/2004 at 10 PM in front of house of Jawahar Sah of village Mohanpur, in short, is as follows:-

(3.) On the basis of fard beyan of the informant, Alauli (Morkahi) Police Station Case No. 72 of 2004, dtd. 29/5/2004 under Sec. 302/34 of the IPC and 27 of the Arms Act was instituted. Police after completion of investigation submitted three separate charge sheets. The first charge sheet bearing Charge sheet No. 44 of 2004, dtd. 29/9/2004 was submitted against Tarni Sada, Hulo Sada, Sattan Sada, Bhim Sada keeping the investigation pending against the accused Naresh Sada, Biran Sada, Kailash Sada, Ranjit Sada, Suraj Sada, Saudagar Sada, Thithar Sada for the offence under Sec. 302/34 IPC. On 31/1/2008, police submitted second charge sheet, bearing Charge sheet No. 04 of 2008 against the accused Naresh Sada, Biran Sada, Thithar Sada, Saudagar Sada, Suraj Sada showing them absconders. The last charge sheet, bearing Charge sheet No.36, dtd. 30/7/2008 was submitted against accused Ranjit Sada. All the charge sheets were submitted for offence under Sec. 302/34 IPC and under Sec. 27 of the Arms Act. The learned Magistrate took cognizance of the offence under Sec. 302/34 IPC and Sec. 27 of the Arms Act against all the accused persons and committed the case to the court of sessions in three separate stages, as such, there are three sessions number in this case, which has been amalgamated on 9/6/2008 and 2/12/2008 respectively with the original Sessions case no. 377 of 2005, during trial. The defence of the accused in their statements under Sec. 313 of the Cr. P.C. was complete denial of the occurrence.