RAM CHARAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal which has been filed against the judgment and order dated 13th December, 1993 passed by Shri Arun Prabhat Sinha. Ilnd Assistant Sessions Judge, Supaul in Sessions Case No. 103 of 1992, by which appellants 1 to 8 have been convicted under Section 366 of the Penal Code (hereinafter to be referred to as 'the Code ') and sentenced to undergo rigorous imprisonment for ten years. Appellants 5 to 8 were further convicted under Section 376(2) of the Penal Code and sentenced to undergo rigorous imprisonment for ten years. Appellant No. 4 Kapleshwar Das had been convicted under Section 376 of the Penal Code and was sentenced to undergo rigorous imprisonment for ten years. All the sentences were directed to run concurrently.

(2.) THE appeal was heard on merit and by order and judgment of this Court dated 16th July. 1997 in view of evidence adduced before the trial Court, sentence under Section 366 of the Penal Code awarded to the appellants Ramdhan Tatma, Kari Das, Ramcharan Das, Kapleshwar Das, Ramphal Tatma, Dorik Tatma, Sajjan Tatma and Mohan Tatma was reduced to five years. Similarly sentence under Section 376(2) awarded to appellants Ramphal Tatma, Dorik Tatma and Sajjan Tatma was reduced to a period of seven years though the conviction was maintained. However, sentence awarded to the appellant Kapleshwar Das under Section 376 of the Penal Code was maintained. Taking the age of Mohan Tatma into consideration his conviction under Section 366 of the Penal Code was maintained but sentence was reduced to a period of three years. Criminal Appeal was dismissed with the aforesaid modification.

(3.) IN view of order of the Supreme Court as Criminal Appeal No. 23 of 1994 was restored to its original file, notices were issued to the appellants as well as the State of Bihar on 26.3.1999 fixing 23rd April, 1999 as the date of hearing in the matter. In the meantime, lower Court records were also called for.