RAMPUKAR SINGH & ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of present appeal, appellants seek to challenge the Judgment of conviction dated 24.11.2006 and order of sentence dated 25.11.2006, passed by Shri Om Prakash, Additional Sessions Judge/FTC V, Patna, in Sessions Trial No. 740/86, by which the appellants stood convicted under Sections 148, 307/149 of the Indian Penal Code (hereinafter referred to as the "IPC") and under Section 27 of the Arms Act and were sentenced to undergo R.I. for one year under Section 148 of IPC, R.I. for three years under Section 307/149 of the IPC and R.I. for three years under Section 27 of the Arms Act. All the sentences were directed to run concurrently.

(2.) Prosecution case as per the written statement of informant Bimlesh Kumar Singh is that on 30.11.83 at about 8 A.M., while he along with Amlesh Kumar Sharma was going to plough their field, , he saw accused persons variously armed and when they reached near the accused persons, appellant Nand Kishore Mishra started abusing them and on protest by the Amlesh Kumar Sharma, appellant Nand Kishore Sharma ordered to kill them, on which informant and his brother Amlesh Kumar Sharma started to run to save their lives. In the meanwhile, appellant Krishnandan Mishra fired on them, which caused injury to Amlesh Kumar Sharma on his different parts of body. On alarm, people assembled and accused persons fled away. Thereafter F.I.R was registered and the injured was sent for medical examination.

(3.) Charges were framed against all accused persons under Sections 148, 307, 149 of the IPC and under Section 27 of the arms Act, except co-accused Nand Kishore Shama, who died before framing of charge against him.