SHANKAR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these criminal appeals and Government appeals arise out of the judgment. Therefore, for the convenience of the parties and with their consent, they have been heard together and they are being disposed of by this common judgment.

(2.) Government appeals No. 6 to 9 have been filed for enhancement of the sentence and Government appeal No. 33 to 36 have been filed for setting aside the order of acquittal, passed against the respondents, named in the indivi- dual appeals.

(3.) Appellants Pradcep Kumar Singh, Jaideo Singh, Sudhir Kumar Singh, Sitaram Singh, Surendra Singh alias Suro Singh, Ramdhari Singh, Raghubans Prasad Singh alias Raghu Singh, Chaturanand Singh alias Charo Singh, Arbind Prasad Singh, Jadu Mandal alias Jadu Singh, Han Singh alias Harbans Singh, Chandra Shekhar Singh alias Lal Babu and Amrendra Kumar Singh have been found guilty for offences under Sections 302/149, 436/149, and 148 of the Indian Penal Code and each of them has been sentenced to undergo life imprisonment under Section 302/149, six years rigorous imprisonment under Section 4?6/l49 and two years rigorous imprisonment under Section 148 of the Code. Appellants Pradeep Kumar Singh, Hari Singh alias Harbans Singh and Amarendra Kumar Singh have further been found guilty under Sections 25-A and 27 of the Arms Act but' no separate sentence has been awarded under these two counts. Appellants Jaideo Singh, Sudhir Kumar Singh, Ramdhari, Singh, Raghubansh Prasad Singh alias Raghu Singh, Arbind Prasad Singh, Chandra Shekhar Singh alias Lai Babu have been found guilty under Section 27 of the Arms Act but no separate sentence has been awarded to them under this count. Appellant Sitaram Singh has been found guilty under Section 25-A of the Arms Act but no separate sentence under this count has been awarded. Appellant Surendra Singh alias Suro Singh has also been found guilty for an offence under Section 326 of the Indian Penal Code for causing grievous hurt to Hari Lai Mistri and he has been sentenced to undergo rigorous imprisonment for four years under this count. Appellant Surendra Singh alias Suro Singh has been found guilty of an offence under Section 302 of the Indian Penal Code for intentionally causing the death of Munshi Mistri and has been sentenced to undergo rigorous imprisonment for life He has further been found guilty for offences under Sections 436/149 and 148 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for six years and two years respectively under these counts. Appellants Priyabrat Narain Shing alias Laloo Singh, Jhankar Kumar Singh, Bhaisu Singh alias Bhuneswar Singh, Karu Singh, fiidan Mahto, Prashant Kumar alias Bachchu Singh, Chando Singh alias Chand Mauleshwar Singh, Sheo Singh, Bit Narain Singh alias Ledhan Singh, Thakur Sab, Sarjujj Mishra, Ram Krishna Mahto, Sukho Rai, Nirpal Siogh alias Man bingh, panna Singh alias Pan Singh, Shyamal Kishore Shrivastava alias Shyamal, Paro Singh alias parmananand Singh, Ram Mauohar Singh alias Manohar Singh and Ujjal Narain 3nigh alias Munoa Singh have bixn found guilty offences under Sections 430/149 aod 14 / of the Indian Penal Coce and each of them has been seutenced to undergo rigorous imprisoment for six years under Section 436/149 and for one year under Section 147 of the Indian Penal Code. The sentences awarded to the appellants under different counts have been directed to run concurrently.