V.N. SINHA, J.:–These nine appeals have been preferred against the judgment dated 12.08.2009, passed by Additional Sessions Judge-III, Patna, in Sessions Trial No. 613 of 2002, arising out of Gardanibagh (Shastri Nagar) P.S. Case No. 336/98, whereunder the nine accused, put on trial, have been convicted for different offences. Accused No. 1, Suraj Bhan Singh @ Suraj Singh @ Suraja, Appellant in Cr. Appeal (D.B.) No.825 of 2009 has been convicted for the offence punishable under Section 302/34 read with Section 120B of the Penal Code and sentenced to suffer imprisonment for life as also to pay a fine of Rs. 20,000/- (Twenty Thousand). Accused No. 2, Mukesh Singh, Appellant in Cr. Appeal (D.B.) No. 899 of 2009 has been convicted for the offence punishable under Sections 302/34, 307/34, 333/34, 355/34, 379/34 of the Penal Code and Section 27 of the Arms Act and sentenced to suffer imprisonment for life, Rigorous Imprisonment for seven years with further direction to pay fine of Rs. 20,000/- (Twenty Thousand) each under Sections 302/34, 307/34 of the Penal Code. For conviction under Section 333/34 he has been further directed to suffer Rigorous Imprisonment for five years with direction to pay fine of Rs. 20,000/- (Twenty Thousand), for conviction under Section 355/34, 379/34 of the Penal Code and Section 27 of the Arms Act he has further been directed to suffer Rigorous Imprisonment for 2, 1, 1 year respectively. Accused Nos. 3, 4, 5, 6, 8 and 9 Lallan Singh, Mantu Tiwari, Captain Sunil Singh, Ram Niranjan Choudhary, Vijay Kumar Shukla @ Munna Shukla and Rajan Tiwari, Appellant in Cr. Appeal (D.B.) No. 859 of 2009, 865 of 2009, 898 of 2009, 871 of 2009, 874 of 2009 and 878 of 2009 have been convicted for the offence punishable under Section 302/34 read with Sections 120B, 307/34, 333/34, 355/34 and 379/34 of the Penal Code and Section 27 of the Arms Act and directed to suffer imprisonment for life under Section 302/34 read with Section 120B of the Penal Code with further direction to pay fine of Rs. 20,000/- (Twenty Thousand), under Section 307/34 of the Penal Code they have been directed to suffer Rigorous Imprisonment for seven years with further direction to pay fine of Rs. 20,000/- (Twenty Thousand), under Section 333/34 of the Penal Code they have been directed to suffer Rigorous Imprisonment for five years with further direction to pay fine of Rs. 20,000/- (Twenty Thousand) each, under Section 355/34, 379/34 of the Penal Code and Section 27 of the Arms Act they have been directed to suffer Rigorous Imprisonment for 2, 1, 1 year respectively. The sentences imposed on the accused persons have been directed to run concurrently without imposing any default sentence for non-payment of fine. Accused No. 7 Shashi Kumar Rai, Appellant in Cr. Appeal (D.B.) No. 778 of 2009 has been held guilty for the offence punishable under Section 212 of the Penal Code and directed to undergo Rigorous Imprisonment for two years with further direction to pay fine of Rs. 10,000/-(Ten thousand) with default sentence of Rigorous Imprisonment for six months in the event fine is not paid.

2. Prosecution case, as set out in the fardbeyan of Amrendu Kumar Sinha (P.W. 10) (Exhibit-50), recorded by S.S.P. Yadav, Inspector-cum-Officer-in-Charge, Shastri Nagar Police Station, on 13.06.1998, at 21 hours is that informant, son of late Rishideo Narayan Prasad, resident of Bhawanipur Jirat, P.S. Chhitauni, District- East Champaran, recorded his statement before the Inspector-cum-Officer-in-Charge, Shastri Nagar Police Station in I.G.I.M.S. campus, Sheikhpura, Patna on 13.06.1998, around 9:00 P.M. that he had come from home to the I.G.I.M.S. campus, Patna, on 13.06.1998, around 6:30 P.M., to meet the M.L.A of his area Sri Brij Bihari Prasad, who was admitted in the ward for treatment. At the time of his arrival, M/S. Arbind Singh (P.W. 13), Onkar Singh (not examined), Ram Nandan Singh (P.W. 12), Mahanth Ashwani Das (P.W. 25), Paras Nath Choudhary (P.W. 1) and 2-4 o

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