SHEOPUJAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arises out of the common judgment of conviction dtd. 22/12/1993 and order of sentence dtd. 5/1/1994 passed by learned 2nd Additional Sessions Judge, Bhabhua in Sessions Trial No. 252/161 of 1992, arising out of Mohania P.S. Case No. 89 of 1991, whereby both the appellants have been convicted under Sec. 302/34 of the Indian Penal Code. The appellant Baban Ram (Cr. Appeal (DB) No. 46 of 1994) has been convicted under Sec. 27 of the Arms Act. Both the appellants have been sentenced to undergo R.I. for life under Ss. 302/34 of the Indian Penal Code. However for want of sanction, no separate sentence was awarded under Sec. 27 of the Arms Act. The period of imprisonment already undergone by the appellant Baban Ram was allowed to be set off.

(2.) The prosecution case as appears from the fardbeyan of the informant is as follows:

(3.) On the basis of the fardbeyan of the informant Mohania P.S. Case No. 89 of 1991 was registered under Ss. 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act.