Decided on March 30,2022

STATE OF BIHAR Respondents


- (1.) Vide judgment dtd. 22/6/2016 passed by the learned Additional Sessions Judge-III, Aurangabad (hereinafter referred to as the 'Trial Court') in Sessions Trial No. 24/13/96/14 arising out of Aurangabad Mufassil P.S. Case No. 151 of 2012 the appellants have been held guilty for the charges under Ss. 302 of the Indian Penal Code (for short 'IPC') and 27 of the Arms Act. Vide order dtd. 28/6/2016 the Trial Court sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs.10,000.00 each and in default to undergo simple imprisonment for six months under Sec. 302 of the IPC. No separate sentence was passed by the Trial Court for the offence under Sec. 27 of the Arms Act. In the present appeal the appellants have challenged the aforesaid judgment of conviction and order of sentence.
(2.) The prosecution case as alleged in the written report submitted by the informant Ajay Yadav to the S.H.O. of Aurangabad Mufassil Police Station is that on 2/10/2012 at 07:30 PM when his uncle Tega Yadav and cousin brother Daroga Yadav reached near Devi Asthan situated in the southern side of his village, he saw his co-villagers Ajay Singh, Sushil Singh, Arvind Singh, Ranjan Singh, Ashok Singh, Ram Pravesh Singh, Naresh Singh, Manoj Singh and Dilip Singh being variously armed with khanti and lathi standing there. After seeing his uncle Tega Yadav and his cousin brother Daroga Yadav near Devi Asthan, the aforesaid persons started abusing them. They stated that 'Tegwa' and 'Darogwa' have come here for watering crops. They should be killed today. On such exhortation, Sushil Singh fired from the pistol causing injury in the abdomen of Tega Yadav and Raju Singh fired from his pistol causing injury in the left rib-cage of his cousin brother Daroga Yadav as a result of which they died on the spot. When he tried to save them, he too was assaulted with lathi by Ranjan Singh over his right eyebrow and Arvind Singh assaulted him with lathi on his left hand. The occurrence was witnessed by his co-villagers Kameshwar Yadav (P.W.4), Chhedi Yadav (P.W.3), Nagendra Yadav (P.W.1) and others.
(3.) The aforesaid written report was handed over by the informant to the S.H.O. of Town Police Station, Camp Sadar Hospital, Aurangabad on 2/10/2012, who forwarded the same to the S.H.O. of Aurangabad Mufassil Police Station as the place of occurrence was within the jurisdiction of Aurangabad Mufassil Police Station.;

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