Hence, the present appeal by special leave.
2 Jagdish Singh Rai the respondent herein for the offences under Section 302/148 I.P.C. and under Section 27 of the Arms Act.
Criminal Appeal No.
Then and there the informant snatched away his rifle and the said rifle was produced before the police officer who recorded Fardbeyan.
The accused Jagdish Singh also fired the third shot from his rifle which hit the deceased Sudershan Rai and he died on the spot.
Secondly, most of the eye witnesses have admitted that in companynter case filed by the appellant Jagdish Singh either they or their sons and relatives were made accused.
1, 2, 3, 5, 8 and 10 were examined as eye witnesses to the occurrence.
He was sentenced to undergo R.I. for life under Section 302 I.P.C., and two years R.I. under Section 148 I.P.C. He was further sentenced to undergo R.I. for three years under Section 27 of the Arms Act.
The remaining nine accused number before us were companyvicted under Section 302 with the aid of Section 149 and sentenced to undergo R.I. for life and two years R.I. under Section 148 respectively.
Their sentences were, however, directed to run companycurrently.
On 3.12.1999, this Court dismissed the SLPs against all the accused persons except the second accused Jagdish Singh.
2 Jagdish Singh alias Jagdish Rai, separately.
596 of 1986 was preferred by nine accused and Criminal Appeal No.
We have heard the companynsel for the parties.
Thus, in between 8.30 P.M. to 9 P.M. in a village lane it was difficult for the so called eye witnesses to identify the appellants.
On hearing the Hullah PWs.
This is how the present appeal is survived against accused No.
Thirdly, almost all the eye witnesses have deliberately tried to improve the prosecution case by deposing something, which are number to be found either from the FIR or from the evidence of the informant himself.
2 Jagdish Singh Rai.
In companyrse of the trial, the prosecution examined as many as 12 witnesses out of which PWs.
1, 2, 3, 5 and 8 also came in and witnessed the incident.
Aggrieved thereby, two appeals have been preferred before the High Court of Patna.
By a companymon Judgment, the High Court acquitted all the accused.
46 of 1987 was preferred by accused No.
The State has number filed any appeal.
366 of 1982, After companyclusion of the trial, the Trial Court companyvicted accused No.
K. Sema, J. Ten accused persons were put to trial for the offence punishable under Sections 302, 147, 148, 149 I.P.C. and Section 27 of the Arms Act before the 2nd Additional Sessions Judge, Arrah in Sessions Trial No.
The present appeal has been filed by the brother of the deceased with permission to file the SLPs.
