STATE OF BIHAR CHHATHU PASI Vs. XXXX

JUDGEMENT

(1.) These three appeals arise out of a common judgment of conviction and order of sentence dtd. 26/2/2021 and 5/3/2021 respectively passed by the learned Additional District and Sessions Judge-II-cum-Special Judge (Excise Act), Gopalganj in Sessions Trial No. 967 of 2016 arising out of Gopalganj P.S. Case No. 347 of 2016 whereby and whereunder the appellants have been convicted and sentenced to undergo R.I. for six months and fine of Rs.1,000.00 each and in default of payment of fine further simple imprisonment for one month for the offences under Sec. 272 of the Indian Penal Code (for short 'IPC'), R.I. for six months and fine of Rs.1,000.00 each and in default of payment of fine further simple imprisonment for one month for the offence under Sec. 273 of the IPC, R.I. for seven years and fine of Rs.20,000.00 each and in default of payment of fine further simple imprisonment for six months for the offence under Sec. 308 of the IPC and R.I. for life and fine of Rs.10,000.00 each and in default of payment of fine further simple imprisonment for one year for the offence under Sec. 30(a) of the Bihar Prohibition and Excise Act, 2016 (for short 'Excise Act, 2016'). The appellants Nagina Pasi, Lal Babu Pasi, Kanhaiya Pasi, Munna Chaudhary, Ranjay Choudhary, Sanjay Choudhary, Sanoj Pasi, Rajesh Pasi and Chhathu Pasi have been sentenced to death and fine of Rs.10.00 lakhs each for the offence under Sec. 34(a)(b)(i) of the Excise Act, 2016. The appellants Laljhari Devi, Kailasho Devi, Rita Devi and Indu Devi have been sentenced to R.I. for life and fine of Rs.10.00 lakhs each and in default of payment of fine further simple imprisonment for one year under Sec. 34(a)(b)(i) of the Excise Act, 2016. It has been directed by the Trial Court that all the sentences shall run concurrently and the period undergone in jail custody shall be set off from the total period of sentence.

(2.) The death sentence awarded by the Trial Court to the appellants Nagina Pasi, Lal Babu Pasi, Kanhaiya Pasi, Munna @ Munna Pasi, Ranjay Choudhary @ Ranjay Pasi, Sanjay Choudhary @ Sanjay Pasi, Sanoj Pasi and Rajesh Pasi (appellants in Cr. Appeal (DB) No. 351 of 2021) and Chhathu Pasi @ Chaudhary (appellant in Cr. Appeal (DB) No. 312 of 2021) is subject to confirmation by the High Court. The reference made by the Trial Court under Sec. 366 of the Code of Criminal Procedure (for short 'Cr.P.C') has been separately registered as Death Reference No. 5 of 2021.

(3.) Since the appeals and the reference arise out of a common judgment of conviction and order of sentence, they have been heard together and are being disposed of by common judgment.