SUGRIV THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three appeals aforesaid have been heard together, all having arisen out of the judgment in Sessions Trial no. 261 of 1987/71 of 1995, and are being disposed of by this judgment.

(2.) APPELLANTS Ashok Prasad alias Ashok Kumar and Rameshwar Mahto have been convicted under sections 302 and 148 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced to undergo rigorous imprisonment for life, and rigorous imprisonment for two years, respecitvely. Appellant Ashok Prasad has also been convicted under section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years whereas appellants Radhey Mistri and Sugriv Thakur have been convicted under sections 147 and 302 read with section 149. of the Code, having been sentenced to undergo rigorous imprisonment for one year, and for life, respectively. The sentences were ordered to run concurrently.

(3.) IN the case prosecution had examined eight witnesses in all including P.W. 8 who was a formal witness and P.W. 6, Ram Narayan Singh, a witness of inquest. P.W. 7 is Dr. Binoy Prasad Keshav, who had held post mortem on the dead body, whereas, apart from the informant, other witnesses, P.Ws. 1 to 4, were members of the family, namely, Kanti Devi, Champa Devi, Giran Devi and Kaushalya Devi.