PATNA, India, April 23 -- Patna High Court issued the following judgment on March 23:
1. Since both the aforesaid appeals arising out of same P.S. case and common judgment, they are being disposed of by this common judgment.
2. The present appeals have been filed by both aforesaid appellants-convict under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') challenging the impugned judgment of conviction dated 03.08.2018 and order of sentence dated 07.08.2018 respectively passed by learned Presiding Officer, Fast Track Court-II, Sasaram, Rohtas in S. Tr. No.88 of 2015 arising out of Sasaram (Town) P.S. Case No. 442 of 2014, whereby and whereunder the learned Trial Court has convicted both appellants for the offences punishable under Sections 302 read with 34 and 120-B of the Indian Penal Code (hereinafter referred to as 'I.P.C.'). They have been sentenced to undergo rigorous imprisonment for life under Section 302 read with 34 of the I.P.C. and further sentenced to undergo rigorous imprisonment for life under Section 120- B of the IPC. However, all the sentences have been ordered to run concurrently.
3. The brief case of prosecution as appears through "fardbeyan" of the informant, namely, Chandrawati Devi (PW-3) that on 24.05.2014, while she was sleeping on the roof of her house along with her husband Mundrika Singh (deceased) and daughters namely, Khusbu (PW-1) and Neha (PW-2), Divya (not examined) and Chhoti (not examined), woke up upon receiving the sound of screaming and saw that appellant/accused namely, Harendra Singh (Cr. Appeal (DB) No.1108 of 2018), appellant/accused Ramesh Singh (in Cr. Appeal (DB) No.1088 of 2018), Dhiraj Kumar @ Aman Kumar have caught her husband and upon order of Ramesh Singh, the appellant/accused Harendra Singh fired with katta (country-made pistol) on head of her husband. Thereafter, all three accused persons dragged informant's husband down to the ground through stairs. Till then, the deceased-husband was said alive.
*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NSMxMDg4IzIwMTgjMSNO-bc0jwsjJggA=
Disclaimer: Curated by HT Syndication.