TINKU BANERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. A. K. Kashyap, learned senior counsel appearing on behalf of the appellants and Mr. Vishwanath Roy, learned Spl.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 31/5/1995 (sentence passed on 1/6/1995) passed by 1st Additional Sessions Judge, Jamshedpur in Sessions Trial No. 54 of 1994/Sessions Trial No. 58 of 1995, whereby and whereunder, the appellants have been convicted for the offence punishable under Ss. 302/34 of IPC and 27 of Arms Act and have been sentenced to undergo R.I. for life under Ss. 302/34 of IPC and no specific sentence was passed under Sec. 27 of the Arms Act.

(3.) In nutshell, the case of prosecution is based upon the Fardbeyan of one Ram Biyas Singh S/o Late Ram Janam Singh resident of Baridih Basti, P.S. - Sidgora, District -East Singhbhum, who happens to be real elder brother of deceased and has stated therein that on 30/6/1992 at about 10:30 A.M. his younger brother namely Ram Bachan Singh was taking tea by sitting on the ground adjacent to Sahu Gumti and the informant was near his house, he heard sound of gunshot and he came towards the North, then he saw villager Krishna Pathak, Tinku Banerjee, Shankar Tanty and one unknown person (who can be identified after seeing) by taking pistol in their respective hand surrounded the above-said Ram Bachan Singh and were firing bullet very closely.