AMIR CHAND MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE four appeals arise out of Sessions Trial No 76 of 1996 in which trial the ten appellants of the respective appeals have been convicted for various offences and sentenced to life imprisonment by judgment dated 05 th August, 2002 and sentence dated 08.08.2002 by the Additional Sessions Judge I, Bhojpur at Ara.

(2.) IN Criminal Appeal No 561 of 2002, the appellants are Sarju Yadav @ Saryug Yadav and Baban Yadav. In Criminal Appeal No 593 of 2002, the appellants are Amir Chand Mahto, Ram Singasan Yadav and Ram Chandra Yadav. In Criminal Appeal No 603 of 2002 the appellants are Shiv Dayal Yadav, Chandeshwar Yadav, Parmanand Yadav and Chandrika Yadav. In Criminal Appeal No 580 of 2002, the sole appellant is Shambhu Yadav. It may be noticed that Ram Chandra Yadav who is the appellant in Criminal Appeal No 593 of 2002 died during pendency of the appeal and on 08.03.2010 order was passed that appeal against him stands abated. It may also be noticed that one Bhuneshwar Mahto was also chargesheeted and charges were framed against him but in course of trial, on 08.01.1999, he died and, as such, has not been tried and sentenced, his trial having abated.

(3.) THE trial Court, on basis of evidence as led before it, acquitted Shiv Dayal and Sarjug Yadav of charge under Section 323 of IPC. All the appellants were convicted under Section 395 of IPC. Shambhu Yadav was held guilty for offence under Section 302 of IPC read with Section 27 of the Arms Act and, accordingly, the rest of them were held guilty of offence under Sections 302/149 of IPC. Appellants Sarjug Yadav, Shambhu Yadav and Shiv Dayal Yadav were convicted under Section 148 of IPC whereas appellants Baban Yadav, Chandeshwar Yadav, Parmanand Yadav, Chandrika Yadav, Ram Singasan Yadav, Ramchandra Yadav and Amir Chand Mahto were held guilty under Section 147 of IPC as well. When it came to sentencing Shambhu Yadav, he was sentenced to life imprisonment and rigorous imprisonment for three years for offence under Section 302 of IPC and Section 27 of the Arms Act. The appellants, who had been convicted under Sections 302/149 of IPC, were sentenced to life imprisonment. All persons having been found guilty of offence under Section 395 of IPC were further sentenced to 10 years rigorous imprisonment and pay a fine of Rs 5,000.00 each. No separate sentence was awarded for offence under Sections 148 and 147 of IPC. All sentences were ordered to run concurrently.