SUNIL KUMAR @ SUNIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Sunil Kumar @ Sunil Singh, Akhilesh Kumar @ Akhilesh Singh, Pawan Kumar, Marut Kumar, Anjani Kumar , Anil Kumar @ Anil Singh have been found guilty for an offence punishable under Section 308/149 IPC, appellant Akhilesh Singh and Sunil Kumar have further been found guilty for an offence punishable under Section 379 IPC and accordingly, sentenced to undergo R.I. for five years under Section 308/149 IPC while appellant Akhilesh Singh and Sunil Kumar have further been sentenced to undergo R.I. for one year under Section 379 IPC with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial would be subject to set off as provided under Section 428 of the Cr.P.C. vide judgment of conviction dated 08.06.2018 and order of sentence dated 10.06.2015 passed by Additional Sessions Judge, 1st, Nawada in Session Trial No.46 of 2001/97 of 2013.

(2.) Sunil Kumar, PW.8 gave his fardbeyan on 25.11999 at about 05:15 PM at Sahpur Chowk before Officer-in-charge, Sahpur O.P. in an injured condition to the effect that on the same day at about 04:45 PM while he was at his medicine shop having at Sahpur Chowk along with his brother Vijay, Sudhir and uncle Rajendra Singh, Sheo Kumar Singh, Parshuram Singh, Akhilesh Singh, Anil Singh, Sunil, Pawan, Marut Kumar, Anjani came out of whom, Akhilesh had said that now a days you have become a Rangbaz and in the aforesaid pretext his brother Pramod had assaulted his son and nephew during course of playing of cricket. Furthermore, he ordered to kill whereupon, Sheo Kumar gave garasa blow over head of his uncle causing injury thereupon. Sheo Kumar inflicted second blow aiming him but as he escaped, caused injury over head of his brother Vijay Singh. Then thereafter, all the accused persons began to assault with lathi and danda. On hue and cry raised by them, Dhananjay and Kundan rushed who were assaulted by Pawan and Marut. Sudhir was assaulted by Pawan and Akhilesh with lathi, danda, rod as well as pressed his neck in order to kill. During said course, Sunil Singh having armed with pistol was threatening while Anil Singh fired in air in order to terrorize them. Anil Singh also assaulted him with fist and slap and then thereafter, snatched away his watch. Sunil and Akhilesh took out Rs. 2550/- from the cash box.

(3.) After registration of Kashichak (Sahpur) P.S. Case No.70/1999. Investigation was taken up and after concluding the same, charge sheet was submitted on the basis of which, as is evident appellants/accused persons faced trial against a charge framed under Section 307/149 IPC while accused Akhilesh Singh, Sunil Singh additionally charged under Section 379 of the IPC.