IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No. 598 of 1994 ======================================================

Manindra Tiwary @ Munna Tiwary Son of Chandradeo Tiwary R/V-

Nagadahan, P.S.- Malahi, District- East Champaran ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

with CRIMINAL APPEAL (DB) No. 1 of 1995 Arising Out of PS. Case No.- Year-0 Thana- District- East Champaran ======================================================

1. Satyendra Mani Tripathi Son of Birendar Mani Tripathi R/V- Nagdaha, P.S.-

Malahi, District- East Champaran

2. Manoj Tiwari Son of Gajendra Tiwari R/V- Ejra, P.S.- Sangrampur, District-

East Champaran ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance:

(In CRIMINAL APPEAL (DB) No. 598 of 1994)

For the Appellant/s : Mr. Uma Shankar Verma, Advocate Mr. Binod Kumar Mishra, Advocate For the State : Mr. Manish Kumar No.2, APP Ms. Surabhi Nirmal, Advocate For the Informant : Mr. Rajesh Ranjan, Advocate Ms. Maria Nazir, Advocate Mr. Saurabh Kumar, Advocate (In CRIMINAL APPEAL (DB) No. 1 of 1995)

For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate Mr. Mukesh Kumar No.1, Advocate For the State : Mr. Manish Kumar No.2, APP Ms. Surabhi Nirmal, Advocate For the Informant : Mr. Rajesh Ranjan, Advocate Ms. Maria Nazir, Advocate Mr. Saurabh Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date: 24-11-2025

1. The aforesaid appeals have been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) against the same judgment of conviction and order of sentence dated 29.11.1994 and 30.11.1994 respectively, passed in Sessions Trial No. 618 of 1992 / 37 of 1994 (arising out of Govindganj (Malahi) Police Station Case No. 18 of 1992) by the learned Court of 1^st Additional Sessions Judge, Motihari (hereinafter referred to as the ‘Trial Judge’), hence the same are being disposed off by the present common judgment and order. By the said judgment dated 29.11.1994, the appellants of the aforesaid two appeals have been convicted under Sections 302/34 of the Indian Penal Code and as far as the appellants of the second case are concerned, they have also been convicted under Section 27 of the Arms Act. By the order of sentence dated 30.11.1994, the appellants of the aforesaid two appeals have been sentenced to undergo imprisonment for life under Sections 302/34 of the IPC and as far as the appellants of the second case are concerned, they have been further sentenced to undergo rigorous imprisonment for two years under Section 27 of the Arms Act. All the sentences have been directed to run concurrently.

2. The short facts of the case as per the fardbeyan of the informant Jaikant Mani Tripathi (PW-12), recorded by the Sub- Inspector of Police, namely M. S. Khan (PW-13), Officer-in- Charge, Malahi Police Station on 04.02.1992 at 00:30 a.m. at the bathan of Ambika Sah of village Nagdaha is that in the night at about 09:00 p.m. he along with his deceased brother Deo Saran Mani Tripathi were going for irrigating their field towards the eastern-southern side of their house and when they reached south of Harijan Toli, situated near Primary School, Nagdaha some people had surrounded them, whereupon his deceased brother, in the light of the torch, which he was holding in his hand, had recognized the co-villagers, namely Satyendra Mani Tripathi, Kamendra Mani Tripathi and Manoj Tiwary, who were holding rifle and double barrel gun respectively in their hands, whereupon the deceased brother of the informant asked them as to why they have surrounded them, upon which Satyendra Mani Tripathi (appellant no.1 of the second case) said that he is the person who had a