The prosecution must establish a complete chain of circumstances negating any other hypothesis and unerringly pointing out the guilt of the accused.

JUDGMENT :

Sudhir Singh, J.

Heard learned counsel for the appellants and learned A.P.P. for the State.

2. Vide order dated 14.02.2023, on the basis of report submitted by Superintendent of Police, Sitamarhi, the appeal with regard to appellant No.3 Khusi Sah (of Criminal Appeal (DB) No. 374 of 1995) has already abated. Hence, Criminal Appeal (DB) No. 374 of 1995 subsists only against the remaining appellants.

3. Both the criminal appeals arise out of same judgment of conviction and order of sentence, hence they have been heard together and are being disposed of by this common judgment.

4. These criminal appeals have been preferred against the judgment of conviction dated 15.11.1995 and the order of sentence dated 17.11.1995 passed by the learned 2nd Additional Sessions Judge, Sitamarhi in Sessions Trial No.70 of 1993 arising out of Bairgania P.S. case No.55 of 1992, whereby and whereunder the appellants Ram Babu Rai, Ganesh Sah, Hazari Sah, Shambhu Sah, Raghunandan Rai, Ramashrey Sah and Harish Chandra Sah have been convicted under Sections 302 read with 149 of the Indian Penal Code (hereinafter referred to as ‘I.P.C.’). The appellants Shivdhyan Prasad and Shankar Sah have been convicted under Sections 148, 302 of I.P.C. and Section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for 2 years under Section 148 of I.P.C., rigorous imprisonment for life under Section 302 of I.P.C. and rigorous imprisonment for 3 years under Section 27 of the Arms Ac. The appellants Shivdhyan Prasad and Shankar Sah have further been directed to pay compensation of Rs.5000/- each to the next of kin of deceased Jagat Narain and in default of paying such compensation they have been directed to undergo rigorous imprisonment for 2 years. The appellants Ram Babu Rai, Ganesh Sah, Harish Chandra Sah, Ramashrey Sah, Raghunandan Sah, Shambhu Sah and Hazari Sah have been sentenced to undergo rigorous imprisonment for life under Sections 302/149 of I.P.C. The appellant Ram Babu Rai has been convicted under Sections 148, 307 of I.P.C. and Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for 2 years under Section 148 of I.P.C., for 7 years under Section 307 of I.P.C. and for 3 years under Section 27 of the Arms Act. The appellant Ganesh Sah has also been convicted under Sections 148, 307 of I.P.C. and Section 302 of the Arms Act and has been sentenced to undergo rigorous imprisonment for 2 years under Section 148 of I.P.C., rigorous imprisonment for 7 years under Section 307 of I.P.C. and rigorous imprisonment for 3 years under Section 27 of the Arms Act. The appellant Harish Chandra Sah has also been convicted under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for 3 years. The appellants Ramashrey Sah, Raghunandan Sah, Shambhu Sah and Hazari Sah have also been convicted under Section 148 of I.P.C. and Section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for 2 years under Section 148 of I.P.C. and rigorous imprisonment for 3 years under Section 27 of the Arms Act. The appellants Ram Babu Rai and Ganesh Sah have also been directed to pay compensation of Rs.2000/- to the informant and in default of such compensation, they have been directed to undergo another rigorous imprisonment for one year. All the sentences have been directed to run concurrently.

5. The prosecution case in brief, as per the fardbeyan of informant Ram Bahadur Prasad (P.W.1) recorded in Bairgania State Dispensary on 21.09.1992 at 9:00 p.m. by the S.I. Sitaram Kumar (P.W.9) is that the informant was returning from Marpa village Market (Hatiya) alongwith the deceased Jagat Narain Prasad, Puran Prasad Sahi (P.W.4), Raj Kumar Sah (P.W.2), Laxman Prasad (P.W.3) and Girdhari Sah (P.W.6) to his village Jamua and in that course at about 05:15 p.m. when they were near the Primary Health Centre situate north of the village Jamua, the accused persons came there from Jamua Bazar sid