LALA KOERI Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal No. 461 of 1987 preferred by appellants Lala Koeri, Ramdeep Sharma and Shrikant Singh and Criminal Appeal No. 520 of 1987 filed by appellants Santoshi Manjhi and Panchi Manjhi arose out of one and the same judgment and order dated 15th September, 1987 recorded by Shri Priyabrat Narain Sinha, 2nd Additional Sessions Judge, Gaya in Sessions Trial No. 80 of 1987/4 of 1987 and similar questions of law and facts were involved in both the appeals and hence they were heard together and they are going to be disposed of by this common judgment.

(2.) ALL the five appellants suffered conviction and sentence of rigorous imprisonment for life under section 302 read with section 149 of the Indian Penal Code (hereinafter referred to as the Code). Appellants Lala Koeri, Ramdeep Sharma and Srikant Singh were further convicted and sentenced to rigorous imprisonment for three years each under section 148 of the Code. Appellants Santoshi Manjhi and Panchi Manjhi were also convicted under section 147 of the Code and sentenced to undergo rigorous imprisonment for two years each thereunder.

(3.) VIJAY Kumar Singh (P.W. 5) and his uncle Madho Singh had their cabins with electric motors and pumping sets installed therein near village Jinorechak. P.W. 5 after taking his meal at about 7.00 P. M. on 7.5.1986 left for cabins and on his arrival there he in the torch light flashed by him saw certain miscreants of villages Raunia and Bhagalpur Bhuintoli removing electric motors, starters etc. from the cabins.