BAHADUR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above stated criminal appeals have arisen out of the common Judgment of conviction and sentence order dated 03.09.1994 and 06.09.1994 respectively and, accordingly, common Judgment is being passed in both the above stated criminal appeals.

(2.) The appellants have challenged the impugned Judgment of conviction and sentence order passed by the learned 2nd Additional Sessions Judge, Jamui, in Sessions Case No.517 of 1984, by which and whereunder he convicted the appellants in Criminal Appeal (DB) No.452 of 1994 for the offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years under Section 148 of the Indian Penal Code, whereas to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code. Furthermore, the learned 2nd Additional Sessions Judge, Jamui, convicted the appellants in Criminal Appeal (DB) No.523 of 1994 for the offences punishable under Sections 302 and 148 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years under Section 148 of the Indian Penal Code and to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code. However, all the sentences were ordered to run concurrently.

(3.) P.W.4 Baldeo Singh gave his fardbeyan to the S.I. of Chandramandih Police Station on 07.11.1982 at about 11.30 A.M. at village-Chhata to this effect that there was litigation in respect of 1 acre 17 decimals land of village-Chhata in between Babulal Sao of village-Bakula and Barku Manjhi etc. of village-Saotari-Chhata but when Barku Manjhi felt inconvenient to contest the litigation on account of his poverty, he transferred the aforesaid land to the deceased Bhola Singh, who purchased the said land in the name of his son Etwari Singh (P.W.5) and after purchasing the aforesaid land, the deceased Bhola Singh started paying the cost of litigation. However, the aforesaid litigation was decided in favour of Barku Manjhi in the month of July.