RAJA RAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. These appeals arise out of three special leave petitions filed by eight convicted accused each of whom has been awarded death sentence. In the Special Leave Petitions, notice was issued limited only to the question of sentence to be suffered by the said eight convicted appellants namely (1) Raja Ram Yadav son of Chintaman yadav (2) Babu Ram Yadav son of Jathu Yadav (3) Keswar Jadav alias Ram Keswar Yadav son of Narain Yadav (4) Jag Narain Yadav son of Jattu Yadav (5) Chintaman Yadav son of Vilas Yadav (6) Brahamdev Yadav son of Moheri Yadav (7) Chander Deep Yadav son of Jattu Yadav and (8) Ram Pravesh Yadav son of Narain Yadav.

(3.) The learned fourth Additional Sessions Judge, Aurangabad by his judgment dated September 30, 1992 convicted Ram Pravesh Yadav, Keswar Yadav, Jag Narain Yadav, Chandradeep Yadav, Chintaman Yadav and Brahamdeo Yadav for the offence of murder and awarded death sentence against them. They were also convicted under Section 148 IPC but no separate sentence was passed for such offence. All the said eight accused were further convicted under Section 436 read with Section 149 IPC but no separate sentence was awarded for such conviction in view of death sentence awarded against them.