CHANDRA SHEKHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above stated criminal appeals have been preferred against common judgment of conviction and order of sentence dated 06.04.2000 passed by learned 3rd Additional Sessions Judge, Begusarai in Sessions Trial No. 410 of 1986/67 of 1999 by which and whereunder he convicted the appellants and one Sita Devi for the offence punishable under Section 307/34 of the Indian Penal Code and sentenced the appellant in Criminal Appeal No. 124 of 2000 to undergo rigorous imprisonment for seven years and to pay a fine of rupees twenty five thousand for the offence punishable under Section 307/34 of the Indian Penal Code and in default of payment of fine, he was ordered to further undergo imprisonment for a period of one year. The learned Additional Sessions Judge sentenced the appellant in Criminal Appeal No. 146 of 2000 to undergo imprisonment for three years only under the above stated section. The learned Additional Sessions Judge directed that out of the fine, the informant should be paid rupees twenty thousand for her subsistence and rehabilitation. Since both the aforesaid criminal appeals have arisen out of common judgment of conviction and order of sentence and were heard together, a common judgment is being passed in both the above stated criminal appeals.

(2.) I may notice the case of prosecution and facts of the case on the basis of materials available on the record.

(3.) ON the basis of aforesaid ferdbeyan, Barauni P.S. Case No. 135 of 1986 for the offences under Sections 324, 307/34 of the Indian Penal Code was registered on 30.04.1986 and on the same day formal first information report for the above stated offences was drawn up against the appellants and others. The matter was investigated by the police and after completion of investigation, police submitted charge sheet for the offences punishable under Sections 324, 307/34 of the Indian Penal Code against the appellants and one Sita Devi whereas one accused, namely, Ram Khelawan Singh was not sent up for trial. The cognizance of the offence was taken and the case was committed to the court of sessions, in usual way.