ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present two appeals arise out of the same impugned judgment and as such both the appeals were taken up and heard together and are being disposed of by this common judgment.

(2.) BOTH the appeals are against the impugned judgment of the 2nd Additional Sessions Judge, Durnka in Sessions Case No. 270 of 1984, whereby the appellants of both the appeals have been convicted for the offences under Sections 302/149, 342 IPC and they have been sentenced to undergo R.I. for life for the offences under Section 302/149 I PC and also R.I. for one year under Section 342 IPC. However, both the sentences were directed to run concurrently.

(3.) IMMEDIATELY after the occurrence the informant was rushed to Dumka Sadar Hospital where his Fardbeyan was recorded on 24.11.1983 at 9.30 hours. On the basis of which formal FIR was drawn and investigation was taken up. In the hospital the dying declaration of the informant was recorded, which has been marked as Ext. 5 and, thereafter, the informant succumbed to the injuries. The Post Mortem examination of the deceased was done by Dr. Simal Kumar (PW -9) and the following ante mortem injuries were found on the persons of the deceased: -