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2010 Supreme(SC) 471

V.S.SIRPURKAR, MUKUNDAKAM SHARMA
Adalat Pandit – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

V.S. Sirpurkar, J. —

1.This judgment will dispose of Criminal Appeal Nos. 716-717 of 2008, Criminal Appeal Nos. 119-122 of 2009, Criminal Appeal No. 833 of 2008 and Criminal Appeal No. 1907 of 2009. All these appeals are against the common judgment passed by the High Court, whereby the appeals filed by the appellants herein came to be dismissed. Initially, as many as 10 accused persons came to be tried for the offences punishable under Sections 147, 148, 302, 302 read with Section 34 as also read with Sections 109 and 149 of the Indian Penal Code (“IPC” for short hereinafter) and Section 27 of the Arms Act. The prosecution alleged that on the fateful day, i.e. 5.7.1973, at about 7 a.m., the accused persons formed an unlawful assembly and committed the murder of one Shambhu Nath Singh and his brother Prabhu Nath Singh, both deceased persons, in pursuance of their common object. The First Information Report (FIR) was lodged by one Baijnath Singh and it was alleged therein that one Thakur Ojha (A-4), Patiram Ojha (now dead), Akhilesh Ojha (A-5), Jitendra Singh (A-6), Raj Nath Singh (A-7), Gorakh Nath Singh (A-3), Keshav Singh (A-9), Bachcha Singh (A-8), Adalat Pandit (A-10), Th

























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