SIPAHI SINGH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above stated appeals have arisen out of common judgment of conviction and sentence order dtd. 1/7/1995 and 3/7/1995 respectively, passed by learned 9th Additional Sessions Judge, Ara in Sessions Trial No. 45 of 1992 and accordingly, the above stated appeals were heard together and are being disposed of by this common judgment.

(2.) The appellants, namely, Ram Kishun Singh Yadav and Umesh Singh Yadav of Cr. Appeal (D.B.) No. 209 of 1995 have been convicted for the offence punishable under Sec. 302 of the Indian Penal Code whereas appellant Devendra Singh Yadav of Cr. Appeal (D.B) No. 216 of 1995 and appellants no. 3 and 4 of Cr. Appeal (D.B.) No. 191 of 1995, namely, Narmdeshwar Singh Yadav and Binder Singh Yadav @ Rabindra Singh Yadav have been convicted under Sec. 302 read with Sec. 149 of the Indian Penal Code and furthermore, appellant no. 1, namely, Sipahi Singh Yadav (since deceased) and appellant no. 2, namely, Bhuti Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 have been convicted for the offence punishable under Sec. 447 of the Indian Penal Code and furthermore, appellants, namely, Ram Kishun Singh Yadav and Umesh Singh Yadav of Cr. Appeal (D.B.) No. 209 of 1995 have been convicted for the offence punishable under Sec. 304 of the Indian Penal Code and furthermore, appellant Devendra Singh Yadav of Cr. Appeal (D.B.) No. 216 of 1995 and appellant no. 3, namely, Narmdeshwar Singh Yadav and appellant no. 4, namely, Binder Singh Yadav @ Rabindra Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 have been convicted for the offence punishable under Sec. 304 read with 149 of the Indian Penal Code. Furthermore, appellant no. 1, namely, Sipahi Singh Yadav (since deceased) and appellant no. 2, namely, Bhuti Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 have been convicted for the offences punishable under Ss. 147, 323 and 302 read with Sec. 149 of the Indian Penal Code. Again, the appellants, namely, Ram Kishun Singh Yadav and Umesh Singh Yadav of Cr. Appeal (D.B.) No. 209 of 1995 have been convicted for the offences punishable under Ss. 148, 304, 302/149 of the Indian Penal Code and 27 of the Arms Act and appellant no. 3, namely, Narmdeshwar Singh Yadav and appellant no. 4, namely, Binder Singh Yadav @ Rabindra Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 have been convicted for the offences punishable under Ss. 147, 302, 304/149 of the Indian Penal Code and appellant Devendra Singh Yadav of Cr. Appeal (D.B.) No. 216 of 1995 has been convicted for the offences punishable under Ss. 148, 302, 304/149 of the Indian Penal Code and 27 of the Arms Act. Further the appellant no. 1, namely, Sipahi Singh Yadav (since deceased) and appellant no. 2, namely, Bhuti Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 have been acquitted from the charge framed against them for the offence punishable under Sec. 447 of the Indian Penal Code. Accordingly, appellant no. 1, namely, Sipahi Singh Yadav and appellant no. 2, namely, Bhuti Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 have been sentenced to undergo rigorous imprisonment for life under Sec. 302 read with Sec. 149 of the Indian Penal Code and six months rigorous imprisonment each for the offences punishable under Ss. 147 and 323 of the Indian Penal Code. The appellants Ram Kishun Singh Yadav and Umesh Singh Yadav of Cr. Appeal (D.B.) No. 209 of 1995 have been sentenced to undergo rigorous imprisonment for life for the offence punishable under Sec. 302 read with Sec. 149 of the Indian Penal Code and to undergo rigorous imprisonment for ten years under Patna High Court CR. APP (DB) No.191 of 1995 dt. 31/10/2018 Sec. 304 of the Indian Penal Code as well as to undergo rigorous imprisonment for one year each under Sec. 148 of the Indian Penal Code and 27 of the Arms Act. Appellant no. 3, namely, Narmdeshwar Singh Yadav and appellant no. 4, namely, Binder Singh Yadav @ Rabindra Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 have been sentenced to undergo rigorous imprisonment for life under Sec. 302 of the Indian Penal Code, to undergo rigorous imprisonment for ten years under Sec. 304 read with Sec. 149 of the Indian Penal Code and to undergo rigorous imprisonment for six months for the offence punishable under Sec. 147 of the Indian Penal Code. Appellant Devendra Singh Yadav of Cr. Appeal (D.B.) No. 216 of 1995 has been sentenced to undergo rigorous imprisonment for life for the offence punishable under Sec. 302 of the Indian Penal Code, to undergo rigorous imprisonment for ten years for the offence punishable under Sec. 304 read with Sec. 149 of the Indian Penal Code and to undergo rigorous imprisonment for one year each for the offence punishable under Ss. 148 of the Indian Penal Code and 27 of the Arms Act. All the sentences were ordered to run concurrently.

(3.) It is pertinent to note here that during pendency of these criminal appeals, appellant no. 1, namely, Sipahi Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 died and accordingly, his appeal stood abated vide order dtd. 7/9/2018. It is also pertinent to note here that appellant no. 2, namely, Umesh Singh Yadav of Cr. Appeal (D.B.) No. 209 of 1995 and appellant no. 4, namely, Binder Singh Yadav @ Rabindra Singh Yadav of Cr. Appeal (D.B.) No. 191 of 1995 were found juvenile at the time of alleged occurrence and they were declared juvenile by the Juvenile Justice Board, Bhojpur, Ara.