B. K. SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These two appeals arise out of the same impugned judgment and therefore, they were heard together and are being disposed of by this common Judgment.

(2.) Both the appeals have been filed by the applicants against the judgment of conviction dated 28.7.2005 and the order of sentence dated 29.7.2005 passed by Shri Alok Kumar Dubey, learned Additional Sessions Judge, F.T.C.-II, Bokaro in Sessions Trial No. 250 of 1992 whereby the trial Court has convicted all the four accused/ Appellants under Sections 147/148/149/ 307 of the Indian Penal Code and sentenced them to undergo R.I., for ten years each under Sections 307/149 of the Indian Penal Code, R.I. for two under Section 147 of the Indian Penal Code and R.I. for three years under Section 148 of the Indian Penal Code and also to pay a fine of Rs. 2000/-(two thousand) each. In default of fine, they shall further undergo S.I. for six months. All the sentences shall run concurrently.

(3.) The prosecution case in brief is that fardbeyan of Nagendra Thakur (P.W.5) has been recorded by A.S.I. Shri A. Shankar at G.R.P.S., Bokaro on 11.1.1992 at about 4.10 a.m. wherein he has stated that he alongwith Kamal Yadav, Sanjay Kumar Mahto and Ramchandra Gope were going to home on 10.1.1992 at about 11.45 p.m. and as they reached in front of electric office behind the Railway Post Office, on Tempo bearing No. BEV-9032 dashed Kamal Yadav from behind. He fell down. Yogendra Singh, B.K. Singh, Geeta Singh, Balindra Singh and Shaligram Mishra came out from the tempo. Thereafter, Yogendra Singh and B.K. Singh started stabbing Kamal Yadav, B.K. Singh stabbed him once from behind causing bleeding injury. Geeta Singh, Balindra Singh and Shaligram Mishra assaulted the informant with rod causing injury on his right arm. Thereafter, informant Nagendra Thakur, Sanjay and Ramchandra fled away from there. Balindra Singh was driving the tempo. After ten minutes when against the informant came to the place of occurrence, found there a patrolling party was standing near the injured Kamal Yadav and the said tempo was also standing there, even all the aforesaid accused persons were also there. B.K. Singh told them that he is taking the injured to the hospital, then all the other accused person fled away. Kamal Yadav was taken to Bokaro General Hospital by another Tempo for his treatment. It is also alleged that in the said fardbeyan, the cause behind the occurrence is old enmity between accused persons with Kamal Yadav. On the basis of aforesaid fardbeyan, a case has been registered against all the five persons under Sections 147/148/149/279/ 337/326/307 of the Indian Penal Code.