JAGARNATH BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are five appellants in this appeal, who were charged, tried and convicted by the 6th Additional Sessions Judge, Arrah in Sessions Trial No. 190 of 1980 by judgment and order dated 25th January, 1986. The appellants were tried for the murder of Sheo Shankar Singh in furtherance of their common objection 15th June, 1978 at a place known as Barakha Pokhra, Badhar, village Jagdishpur, P.S. Jagdishpur in the district of Bhojpur. Appellant Ramasis Bind has been convicted under Section 302, I.P.C. arid sentenced to imprisonment for life. He has further been convicted under Section 148, I.P.C. and sentenced to two years. Appellants Jagarnath Bind, Sardar Bind, Gudri Bind and Lallan Bind have been convicted under Section 302/149, I.P.C. and sentenced to imprisonment for life. Appellants Jagarnath Bind, Sardar Bind and Gudri Bind have further been convicted under Section 147, I.P.C. and sentenced to six months' imprisonment. Appellant Lallan Bind has further been convicted under Section 148, I.P.C. and Section 27 Arms Act and sentenced to two years imprisonment under Section 148, I.P.C. and three years' imprisonment under Section 27, Arms Act. All the sentences were ordered to run concurrently.

(2.) THE occurrence had taken place, according to the prosecution, in presence of two brothers Ayodhya Singh and Raghunath Singh and one Brij Bihari Singh. The First Information Report was lodged by Raghunath Singh on 15 -6 -1979 at 15.30 hours about the occurrence having taken place at 11.00 a.m. The story, according to the First Information Report, is as follows:

(3.) THE defence was that the appellants had already given a Sanaha that their enemies are trying to implicate the appellants in a false case. Sheo Shankar Singh had enmity with many persons. The appellants were labourers of the family of the deceased and they left their work.