ARBIND YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both the above stated Criminal Appeals have arisen out of common judgment of conviction and sentence order dated 09.05.2013 and 16.05.2013 respectively passed by learned Additional Sessions Judge-II, Bhagalpur, in Sessions Trial No. 1348 of 2010, by which and whereunder, he convicted both the appellants for the offences punishable under Sections 394, 302/34 of the Indian Penal Code and section 27 of the Arms Act and sentenced them to undergo rigorous imprisonment for ten years each for the offence punishable under Section 394 of the Indian Penal Code and to undergo rigorous imprisonment for life each for the offence punishable under Section 302/34 of the Indian Penal Code and to undergo rigorous imprisonment for two years each for the offence punishable under section 27 of the Arms Act though the minimum sentence under section 27 of the Arms Act is up to three years. However, the learned Additional Sessions Judge-II, Bhagalpur, directed that all the sentences shall run concurrently. Since both the appeals have arisen out of the common judgment and sentence order, accordingly, both the above stated appeals were heard together and the common Judgment is being passed.

(2.) P.W.7, Purusottam Panigrah, gave his Fardbeyan to S.I. A.K.Roy (P.W.6) of Kahalgaon Police station on 17.09.2009 to this effect that on the same day, at about 7A.M., he along with his staff, Sikandar Kumar Shah, proceeded to go to village Shailendra by motorcycle bearing Registration No. BR-08B-3913 and as soon as, they reached between village Anadipur and Kahalgaon, three persons came on motorcycle and stopped him and his staff and snatched his bag containing Rs. 85,000/- and thereafter, took out Rs. 85,000/- and other articles from the aforesaid bag. However, his staff, Sikandar Kumar Shah, made protest but one of the culprits opened fire on him, as a result of which, he fell down on the ground, having sustained firearm injury. The culprits along with bag of the informant and cash took fled away from there.

(3.) On the basis of Fardbeyan of P.W.7, Kahalgaon P.S. Case No. 440 of 2009 for the offence punishable under Section 394 of the Indian Penal Code was registered against three unknown persons on 17.09.2009 but subsequently, after death of injured, Sikandar Kumar Shah, section 302 of the Indian Penal Code was added on 13.10.2009.