KUMDANAND MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been preferred against the judgment and order dated 21/9/2001, passed by 1st Additional Sessions Judge, Saharsa in Sessions Trial No. 33 of 1992 and the same are heard together and are being disposed of by this common judgment.

(2.) Appellant in Cr. Appeal No. 47 of 2002 has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprison-ment for life. He has further been convicted under Section 302/149 of the Indian Penal Code and Section 148 of the Indian Penal Code, but no separate sen-tence has been awarded under Section 302/149 of the Indian Penal Code, two years rigorous imprisonment has been awarded for offence under Section 148 of the Indian Penal Code.

(3.) Appellants in Cr. Appeal No. 490 of 2001 have been convicted under Section 302/149 of the Indian Penal Code and sentenced rigorous imprisonment for life. They have further been convicted under Section 148 of the Indian Penal Code and awarded sentence for rigorous imprisonment for two years. Appellant Gaurishankar Mishra, Naresh Mishra, Devendra Jha have been convicted under Section 147 of the Indian Penal Code also and sentenced for six months. Appellant Lal Mishra and Gaurishankar Mishra have been convicted under Section 342 of the Indian Penal Code also but no separate sentenced has been awarded.