BECHAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these Criminal Appeals so preferred under section 374 (2) of the Code of Criminal Procedure are against the judgment of conviction and sentence so passed by the learned 7th Additional Sessions Judge, Munger dated 16th of April, 1987 in Sessions Trial No. 178/85 by virtue of which the learned court below has found accused -appellant Pramod Mahto guilty of committing offence coming under the purview of section 302 of the Indian Penal Code (hereinafter referred to as I.P.C.) for intentionally causing the death of Devendra Mahto on 17.5.84 at village Rasulpur P.S. Surajgarha district Munger and convicting him thus under section 302 I.P.C. After hearing on the point of sentence, the learned court below has directed him to undergo rigorous imprisonment for life. As regards accused - appellant Bechan Paswan, he has been found guilty of committing offence under section 302 read with section 34 I.P.C. and is also sentenced to undergo rigorous imprisonment for life.

(2.) IN Criminal Appeal No. 211/87 the sole accused -appellant Bechan Paswan being convicted under section 302/34 I.P.C. and in Criminal Appeal No. 246/87 the sole accused -appellant is Pramod Mahto being convicted under section 302 I.P.C. since these appeals arise out of the same judgment of conviction and sentence so passed, they are heard together and this single judgment will thus dispose of both the criminal appeals.

(3.) IN course of trial it transpires that as far as Bibhakar Mahto is concerned his trial was so split up because of his being minor at that time and it was sent for disposal under the Juvenile Act to the court of concerned Chief Judicial Magistrate. Accused -appellant Pramod Mahto stood charged under section 302 I.P.C. whereas another accused -appellant Bechan Paswan was so charged under section 302/34 I.P.C., the charges against them under one head being framed by the learned 7th Additional Sessions Judge on the 29th of August, 1985. The accused appellants abjured the guilt and claimed to be tried.