RAMDEO SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above stated three appeals have arisen out of common Judgment of conviction and sentence order dated 22.07.1994 passed by the learned 7th Additional Sessions Judge, Munger, in Sessions Case No.9 of 1993, by which and whereunder he jointly convicted the appellants for the offences punishable under Sections 302, 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act but while awarding the sentence, the learned trial court awarded life imprisonment under Section 302 of the Indian Penal Code and two years rigorous imprisonment for the offence under Section 27 of the Arms Act to the appellant Bijay Sah {in Criminal Appeal (DB) No.460 of 1994} and, furthermore, sentenced the remaining appellants to undergo rigorous imprisonment for life for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code and further sentenced the appellant Bidya Sah {in Criminal Appeal (DB) No.414 of 1994} to undergo rigorous imprisonment for two years for the offence punishable under Section 27 of the Arms Act.

(2.) P.W.6 Bijay Singh gave his fardbeyan to S.I. Rajeev Ranjan Dayal of Kotwali Police Station, Munger, at about 11.00 P.M. on 16.06.1991 at Sadar Hospital, Munger, to this effect that on the same day at about 09.30 P.M., he along with his brother Deepak Kumar Singh alias Munna (deceased) and mother (P.W.4) was returning from market and reached in front of the shop of the appellant Bijay Sah. He further claimed that the appellants Bijay Sah, Bidya Sah, Gholtu Sah, Ramdeo Sah and co-accused Bikram Sah encircled him and, at that time, the appellants Bijay Sah and Bidya Sah were carrying pistols, whereas all the above stated remaining persons were carrying stones in their hands. All the above stated persons caught hold his brother Munna and the appellant Bijay Sah shot fire at his brother, as a result of which his brother fell down there and, after that, the appellant Bidya Sah, too, shot one fire at his brother and the remaining appellants, namely, Gholtu Sah, Ramdeo Sah and the co-accused Bikram Sah started assaulting him by stones. He further claimed that he tried to intervene but the appellant Bijay Sah aimed his pistol towards him upon which he ran towards his village raising alarm but his mother remained there. He further claimed that he along with his father and other villagers returned to the place of the occurrence and having seen him and other villagers, the above stated persons fled away from there. He further claimed that the deceased was rushed to the Sadar Hospitl, Munger, where he was declared brought dead by the doctors. P.W.6 further claimed that so many persons had witnessed the occurrence and the reasons behind the alleged occurrence was previous enmity.

(3.) The fardbeyan of the informant (P.W.6) was forwarded to the Muffasil Police Station, Munger, where Muffasil P.S. Case No.190 of 1991 for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act was registered and formal F.I.R. was drawn up against the appellants for the above stated offences on 17.06.1991 at 030 A.M.