BIRENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above stated appeals have been preferred against the impugned judgment of conviction and sentence order dated 06.03.1995 passed by learned 2nd Additional Sessions Judge, Sitamarhi in Sessions Trial No. 269 of 1993/72 of 1993 by which and whereunder the learned Additional Sessions Judge, Sitamarhi convicted the appellant in Criminal Appeal (DB) No. 42 of 1995, namely, Arun Kumar Singh for the offences punishable under Sections 302/34, 148 and 324 of the I.P.C. whereas appellants in Criminal Appeal (DB) No. 30 of 1995, namely, Birendra Prasad Singh @ Birendra Singh, Sanjay Kumar Singh @ Sanjay Singh, Vijay Kumar Singh @ Vijay Singh and Kaushlendra Singh were convicted for the offences punishable under Sections 302/34, 147 and 323 of the I.P.C. and accordingly, the learned Additional Sessions Judge sentenced the appellants to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of the I.P.C. The appellant Arun Kumar Singh was, separately, sentenced to undergo rigorous imprisonment for two years each for the offences punishable under Sections 148 and 324 of the I.P.C. whereas remaining appellants were sentenced to undergo rigorous imprisonment for one year each for the offences punishable under Sections 147 and 323 of the I.P.C. However, all the sentences were ordered to run concurrently.

(2.) It is pertinent to note here that appellant Arun Kumar Singh was convicted for the offence punishable under Section 302 of the I.P.C. but no separate sentence was imposed upon him for the offence punishable under Section 302/34 of the I.PC. However, the appellant Arun Kumar Singh was acquitted of the charge framed under Section 379 of the I.P.C. whereas co-accused Parbhat Singh, Satish Singh, Manoj Singh and Hari Shankar Singh were also acquitted of the charges framed against them.

(3.) Since the above stated appeals have arisen out of common judgment of conviction and sentence order, the aforesaid appeals were heard together and are being disposed of by this common judgment.