PARSURAM ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant appeal, the appellants Parsuram Roy and Umesh Roy have challenged the judgment of conviction and order of sentence dtd. 22/8/1995 and 24/8/1995 respectively passed by Shri Diwakar Jha, 2nd Additional Sessions Judge, Khagaria in Sessions Trial No. 564 of 1989 arising out of Parbatta P.S. Case No. 26 of 1989.

(2.) By the aforesaid judgment, appellant no.1 Parsuram Roy had been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and appellant no.2 Umesh Roy had been convicted for the offence punishable under Ss. 302/114 of the Indian Penal Code. After hearing on the point of sentence vide consequential order, the trial Court sentenced the appellants to undergo rigorous imprisonment for life.

(3.) It would be proper to mention here that in this case appellant/accused Parsuram Roy stands charged of the offence under Sec. 302 of the Indian Penal Code. Appellant no.2 Umesh Roy stands separately charged for the offence under Ss. 302/114 of the Indian Penal Code. Other accused Wakil Roy, Bhola Rai, Borhan Roy, Bhumi Roy and Sanjay Roy stand separately charged for the offence under Ss. 302/149 of the Indian Penal Code. After hearing the parties, the learned trial Court was pleased to convict appellants by holding that they are guilty of the offence of commission of murder of the deceased, namely, Buchi Chaudhary. Rest of the accused persons, namely, Wakil Roy, Borhan Roy, Bhumi Roy, Bhola Roy and Sanjay Roy came to be acquitted, hence, this appeal by the appellants.