BHAGWAT BIND AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above mentioned criminal appeals so preferred under Section 374 (2) of the Code of Criminal Procedure are taken up and heard together because of their arising out of the judgment of conviction and sentence so passed by the learned Additional Sessions Judge, VII, Munger in Sessions trial bearing No. 99 of 1984 dated 30th of April, 1987, by virtue of which all the ten accused-persons facing trial got convicted under Section 302 read with Section 149 of the Indian Penal Code being sentenced to undergo rigorous imprisonment for life. Accused Deep Narain Bind, Tenu Bind, Asharfi Bind, Sura Chand Bind and Nandey Bind also got convicted under Section 3/4 of the Explosive Substance Act and on each count got sentenced to undergo rigorous imprisonment for five years. Accused Rameshwar Bind, Sahendra Bind and Kantiman Bind got convicted under Section 27 of the Arms Act and were sentenced to undergo R.I. for two years. Accused Parmeshwar Bind was also convicted under Section 379 of the IPC, being sentenced to undergo R.I. for one year. All the sentences so awarded to the accused-persons facing trial were directed to run concurrently.

(2.) It is against the said judgment of conviction and sentence so passed; accused Bhagwat Bind, Parmeshwar Bind, Sahendra Bind, Rameshwar Bind and Kantiman Bind filed criminal appeal No.197/87 under Section 374(2) of the Cr PC which was so admitted on 15.5.1987 and because of the death of accused-appellant Bhagwat Bind taking place, the appeal against him got abated. The rest of the accused-persons preferred criminal appeal No. 212/87 arising out of the same judgment of conviction and sentence so passed, as detailed above, which was also so admitted on 20.5.1987 and in course of the pendency of this criminal appeal because of the death of two accused-appellants, namely. Tenu Bind and Nandey Bind taking place, the appeals so preferred by them also got abated. That being the position, there remains three appellants only in criminal appeal No.212/87, i.e., Deep Narain Bind, Asharfi Bind & Sura Chand Bind whereas four appellants in criminal appeal No. 197/87 because one of the appellants Bhagwat bind breathing his last during the pendency of the present appeal.

(3.) In both the criminal appeals so preferred being taken up together the appellants are being represented by the learned counsel Mrs. Seema Ali Khan and the State of Bihar by the learned A.P.P. Mr. Kailash Bih.ari Prasad.