IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.47 of 1993

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Rama Shankar Singh @ Rama Singh, son of Shivdhar Singh, resident of Village-

Paharpur, Police Station Amnaur, District- Saran

.... .... Appellant

Versus

The State of Bihar

.... .... Respondent

with

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Criminal Appeal (DB) No. 67 of 1993

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Sunil Kumar Singh @ Anil Kumar Singh, Son of Kapil Deo Singh, resident of

village – Paharpur, P.S. Amnaur, District- Saran

.... .... Appellant

Versus

The State of Bihar

.... .... Respondent

with

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Criminal Appeal (DB) No. 74 of 1993

(Against the judgment and order dated 18.1.1993, passed by the Sixth

Additional Sessions Judge, Saran at Chapra, in Sessions Trial No.353/22 of

1989/1991, arising out of Amnaur P.S. Case No.58/85).

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Ganesh Singh, sons of Vishwanath Singh, resident of Village- Balahan, Police

Station Amnaur, District- Saran

.... .... Appellant

Versus

The State of Bihar

.... .... Respondent/s

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Appearance :

(In CR. APP (DB) No. 47 of 1993)

For the Appellant : Mr. Kanhaiya Prasad Singh, Sr. Adv.

Mr. Ram Kishore Singh, Adv.

Mr. Rahul Kumar, Adv.

For the Respondent : Dr. Mayanand Jha, Adv.

(In CR. APP (DB) No. 67 of 1993)

For the Appellant : Shri Jitendra Singh, Sr. Adv.

Shri Shankar Kumar Thakur, Adv.

Shri Tej Pratap Singh, Adv.

For the Respondent : Dr. Mayanand Jha, Adv.

(In CR. APP (DB) No. 74 of 1993)

Patna High Court CR. APP (DB) No.47 of 1993 dt.30-01-2015

2/12

For the Appellant : Shri Jitendra Singh, Sr. Adv.

Shri Shankar Kumar Thakur, Adv.

For the Respondent : Dr. Mayanand Jha, Adv.

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE GOPAL PRASAD

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date: 30-01-2015

These three appeals are preferred by three

accused in Sessions Trial No.353/22 of 1989/1991 on the

file of the 6^th Additional Sessions Judge, Saran at Chapra.

The trial court convicted the appellants herein for the

offence punishable under Sections-302/34 of I.P.C. and

Sections 27 and 35 of the Arms Act. Sentence of

imprisonment for life for the appellants under Section-

302/34 of I.P.C. was imposed. No separate sentence was

awarded for the offence punishable under the provisions of

the Arms Act.

The case of the prosecution as presented before

the trial court was as under:

The complaint regarding the incident was given

by P.W.13, by name Ramachandra Sah, and his fardbeyan

i.e. statement was recorded. According to the statement,

the brother of P.W.13, by name Mathura Sah, was running

a

taxi

between

their

native

village

Amnaur,

and

neighbouring village Paharpur. On 6.7.1985, Mathura Sah

Patna High Court CR. APP (DB) No.47 of 1993 dt.30-01-2015

3/12

gathered some passengers in his vehicle and, in the

meanwhile, one Shiv Nath Singh, who too was running a

vehicle (trekker), took up those very passengers and

proceeded for Amnaur. In this context, a verbal duel took

place, but no incident had occurred.

On the next day, at around 3:00 p.m., on an

elephant, owned by one of the appellants, Ramashankar

Singh @ Rama Singh, four persons, including one

Samshuddin,

armed

with

various

weapons

and

accompanied by 30-40 persons, came towards Amnaur