HIMIRIKA LOKANATH Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal 151/61 has been filed in Court by the 42 accused persons and Criminal Appeal 129/61 has been filed by some of the 42 accused persons through the jail authorities, As there cannot be two appeals by the same accused persons, the case would be considered with reference to Criminal Appeal 151/61. Any reference to the appeals is to Criminal Appeal 150/61. Mr. Pat it for We appellants, mentions that 7 out of these 42 appellants died in jail. These appellants are appellant 9 (Himirika Kantu), appellant 20 (Himirika Taudu), appellant 30 (HikoKa Kantu), appellant 37 (Persika Koyan), appellant 33 (Himirika Rims), appellant 39 (Himirika Sadhu), and appellant 41 (Sarha Arjun). The appeal filed by these seven appellants, who are already deed, abates. It is therefore, necessary to consider the case of the other 35 appellants.

(2.) APPELLANTS 1 to 3 have been convicted under section 302/34 I.P.C. and the rest of the appellants have been convicted under section 302/149 I.P.C. and all have been sentenced to imprisonment for life. All the appellants have also been convicted under section 148 I.P.C. and sentenced to R.I. for two years each, the sentences to run concurrently.

(3.) THE accused persons completely deny the occurrence and allege that they have been falsely implicated due to litigations and enmity.