KASHI PRAJAPATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Eight appellants in aforesaid four appeals were tried together and convicted and sentenced by the common judgment of the trial court and as such, all the aforesaid four appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(2.) All the appellants by judgment dated 10-01-2014 were convicted for offence under Section 302/149 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). By the same judgment of conviction, two appellants namely Balkeshwar Prajapati (sole appellant in Cr.App.DB No. 199/14) and Nageshwar Prajapati (sole appellant in Cr.App.DB No. 227/14) were further convicted for offence under Section 148 of the I.P.C. and except aforesaid two appellants, remaining all the appellants were convicted under Section 147 of the I.P.C. By order dated 17-01-2014 under Section 302/149 of the I.P.C., all the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- (five thousand) each. In case of default in payment of fine, they were directed to further undergo rigorous imprisonment for one year. Under Section 147 of the I.P.C., all the appellants, except two namely Balkeshwar Prajapati (sole appellant in Cr.App.DB No. 199/14) and Nageshwar Prajapati (sole appellant in Cr.App.DB No. 227/14), were further sentenced to undergo rigorous imprisonment for one year. By the same order i.e. order dated 17-01-2014, Balkeshwar Prajapati (sole appellant in Cr.App.DB No. 199/14) and Nageshwar Prajapati (sole appellant in Cr.App.DB No. 227/14) under Section 148 of the I.P.C. were further sentenced to undergo rigorous imprisonment for two years. All the sentences were directed to run concurrently. The judgment of conviction and sentence was passed by Sri Ashok Kumar, learned Adhoc Additional Sessions Judge 1st, Kaimur at Bhabhua (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 386 of 1997/Trial No. 136 of 2013 (arising out of Kudra P.S. Case No. 137 of 1996).

(3.) Short fact of the case is that on 22-11-1996 at about 7:15 PM in the night, one Sub-Inspector of Police of Kudra Police Station recorded fardbeyan of Raj Kumar Prajapati (P.W.6), brother of the deceased Rameshwar Prajapati. The fardbeyan was recorded in Government Hospital, Kudra. In the fardbeyan, the informant disclosed that on the same date i.e. on 22-11-1996 at about 5:15 PM in the evening, he alongwith his elder brother Rameshwar Prajapati (deceased) were tying bundle of straw ([1]) and his father Bahadur Prajapati (P.W.1) was keeping the bundle on the head. In the meanwhile: