KAMLOO SAO SON OF YOGI SAO, AWADHESH SAO SON OF YOGI SAO AND RAGHUNATH @ RAGHUNANDAN SAO SON OF SRI FAKIRCHAND SAO, ALL ARE RESIDENTS OF VILLAGE MANSINGPUR, P.S. GAURICHAK (FATUHA), DISTRICT PATNA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) AS both the above appeals have arisen out of one judgment of conviction and order of sentence dated 16.12.1989 passed by 6th Additional Sessions Judged, Patna in Sessions Trial No. 163 of 1986/97 of 1987, they have been heard together and are being disposed of by this common judgment. Initially in Cr. Appeal (DB) No. 22 of 1990 Bhinak Sao was appellant No.1 and his age was noted in the judgment to be 70 years. On 09.05.2012 an affidavited petition was filed before this Court informing that appellant Bhinak Sao has already died during pendency of this appeal in 3rd week of February, 1990. Accordingly, vide order dated 09.05.2012 the appeal with regard to appellant no.1 Bhinak Sao has abated.

(2.) APPELLANTS Kamloo Sao, Awadhesh Sao, Raghunath alias Raghunandan Sao (in Cr. Appeal (DB) No. 22 of 1990) have been held guilty under Section 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. Appellant Awadhesh Sao has further been held guilty under Section 147 of the Indian Penal Code and appellants Rghunath Sao and Kamloo Sao have been held guilty under Section 148 of the Indian Penal Code but no separate sentence has been awarded under these two sections against them. Appellant Yogi Sao (in Cr. Appeal (DB) No. 62 of 1990) was held guilty under Sections 302,307 and 148 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and no separate sentence has been awarded under Sections 307 and 148 of the Indian Penal Code.

(3.) THE defence of the accused persons was of false implication on account of previous enmity. From the trend of the cross -examination it appears that the further defence of the accused persons was that the manner of occurrence has been discussed in wrong manner.