ASHOK MUKHIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since all appellants in aforesaid three appeals were convicted and sentenced in Sessions Trial No. 104 of 2010 and 104-A of 2010 (arising out of Srinagar P.S. Case No. 12 of 2010), all the aforesaid three appeals were heard together and are being disposed of by this common judgment.

(2.) All the appellants were convicted on 23-01-2014 by Dr. Ram Lakhan Yadav, learned Addl. Sessions Judge Ist, Madhepura (hereinafter referred to as the 'Trial Judge') for commission of offences under Sections 148, 323, 302/149 of the Indian Penal Code, 1860 (for short "I.P.C.") and by order of sentence dated 28-01-2014, all the appellants were sentenced to undergo rigorous imprisonment for three years under Section 148 of the I.P.C. Further, they were sentenced to undergo rigorous imprisonment for life under Section 302 of the I.P.C. and fine of Rs. 10,000/- (ten thousand) each and in default of payment of fine, additional rigorous imprisonment for one year was directed. No separate sentence under Section 323 of the I.P.C. was passed, however; all the sentences were directed to run concurrently.

(3.) Short fact of the case is that on 17-03-2010 at 19.45 hrs. (7:45 PM), Sub-Inspector of Police, Sri K.B. Singh (P.W.9) of Srinagar Police Station recorded fardbeyan of Suryamani Devi, widow of deceased Kari Mukhiya. The fardbeyan was shown to be recorded at Ram Nagar Godhiyari Chowk, Police Station Srinagar, District Madhepura. The informant disclosed in her fardbeyan that on the same date i.e. 17-03-2010 at about 6:30 PM (evening), she with her husband (deceased), son Lal Mukhiya (P.W.10) and daughter Anokha Kumari (P.W.8) were sitting near the door step, in the meanwhile, accused persons (appellants) reached there. In the fardbeyan, in following way, the informant had described regarding arrival of the accused/appellants with carrying different weapons in their hands: