IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.1346 of 2010
1. GANGA VISHUN BIND
2. INDRAJEET BIND
3. SAGAR BIND.
Versus
THE STATE OF BIHAR
With
CR. APP (DB) No.1369 of 2010
BANA BIND
Versus
THE STATE OF BIHAR
With
CR. APP (DB) No.1399 of 2010
RANJEET BIND
Versus
THE STATE OF BIHAR
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3 09-02-2011 Heard learned counsels for the appellants in all
these three appeals which arise out of a common
judgement whereby the appellants have been convicted
u/s 302/34 of the IPC and sentenced to R.I. for life and
also u/s 27 of the Arms Act for which they have been
convicted R.I. for one year.
Submissions were advanced that allegations of
the witnesses make out only a case of general and
omnibus firing by the accused persons and it was
specifically argued on behalf of three appellants of Cr.
Appeal no. 1346/2010 that these appellants were not
identified in court by the informant.
According to prosecution case, indiscriminate
2
firing led to death of four persons of the same family
inside the house and identification is by witnesses who
were inside the house as well as outside in the village.
There is more than two identification against the
appellants and in some cases the identification is by as
many as eight witnesses.
Considering the nature of the occurrence and
identification available against the appellants, the prayer
for bail is rejected at this stage.
(Shiva Kirti Singh, J.)
BKS/- (Gopal Prasad, J.)