RUDAL SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all the aforesaid three appeals, appellants were convicted by common judgment in Sessions Trial No. 287 of 2008 (arising out of Lakhisarai P.S. Case No. 420 of 2007) by Sri Ravindra Singh, learned 2nd Additional District & Sessions Judge, Lakhisarai (hereinafter referred to as the 'Trial Judge') and as such, all the three appeals were heard together and are being disposed of by this common judgment.

(2.) All the appellants were convicted on 10-11-2015 for commission of offence under Sections 302/34 and 201 of the Indian Penal Code, 1860 (for short "I.P.C."). The convict Prasadi Sahni (appellant no. 2 in Cr.Appeal DB No. 110/2016) was further convicted for commission of offence under Section 27 of the Arms Act, 1959 (for short "Arms Act") and by order of sentence dated 20-11-2015, all the appellants were sentenced to undergo rigorous imprisonment for life under Section 302/34 of the I.P.C. and they were imposed fine of Rs. 5,000/- (five thousand) each. In default of payment of fine, they were further directed to undergo rigorous imprisonment for three months. All the appellants were further sentenced to undergo rigorous imprisonment for five years under Section 201 of the I.P.C. with fine of Rs. 5,000/- (five thousand) each and in default of payment of fine, they were directed to further undergo rigorous imprisonment for three months, whereas, convict Prasadi Sahni (appellant no. 2 in Cr.Appeal DB No. 110/2016) was also sentenced under Section 27 of the Arms Act to undergo rigorous imprisonment for three years alongwith fine of Rs. 3,000/- (three thousand) and in default of payment of fine, he has been directed to undergo rigorous imprisonment for further two months. All the sentences were directed to run concurrently.

(3.) Short fact of the case is that on 02-09-2007, a written report was submitted by Prabhakar Kumar (P.W.7 and brother of the deceased) addressed to the officer incharge of Lakhisarai Police Station. In the written report, the informant disclosed that on 01-09-2007 (Saturday) at about 6:30 PM, after completing marketing, he was returning from Lakhisarai market to his village Sadaibigha alongwith his brother Diwakar Kumar (P.W.4). Just ahead of them, his younger brother Kamlakar Kumar @ Chintu Singh (deceased) was proceeding to home. While they reached in between village Babhangama and Sadaibigha and reached near Newdarganj (Godhitola), he saw that about 7-8 accused persons were carrying illegal arms i.e. katta, lathi etc. Among whom, he identified: