KARI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals arise out of the common judgment and order passed by the then 1st Additional Sessions Judge, Saharsa on ll/14th July, 2000 in Sessions Trial No. 187/97, so they were heard together and are being disposed of by this judgment,

(2.) THE appellant, Yogendra Sharma in Criminal Appeal No. 360 of 2000 has been convicted under Section 302 of the IPC and sentenced to RI for life. The appellants, Kari Sharma and Triveni Sharma in Criminal Appeal No. 331 of 2000 and the appellants, Raghuni Sharma, Upendra Sharma, Badri Sharma, Mahendra Sharma, Kankir Sharma @ Kanbir Sharma, Tuntun Sharma, Lallan Sharma, Rajendra Sharma and Musaharu Sharma, in Criminal Appeal No. 356 of 2000, have been convicted under Sections 302/149 of the IPC and sentenced to RI for life. The appellants, 1. Yogendra Sharma, 2. Kari Sharma, 3. Triveni Sharma and 4. Raghuni Sharma, have further been convicted under Section 148 of the IPC and sentenced to RI for 2 years. The appellants, 1. Upendra Sharma, 2. Badri Sharma, 3. Mahendra Sharma, 4. Kankir Sharma, 5. Tuntun Sharma, 6. Lallan Sharma, 7. Rajendra Sharma and 8. Musharu Sharma, have again been convicted and sentenced to RI for 10 months under Section 147 of the IPC and 6 months each for the offence under Section 323 of the IPC. The sentences of the appellants have been ordered to run concurrently.

(3.) THE fardbeyan of the informant was forwarded to the Saharsa P.S. for the institution of a case. On the basis of the fardbeyan (Ext. No. 5) of the informant a formal FIR (Ext. No. 6) was drawn up and Saharsa P.S. Case No. 107/97 was instituted against 13 accused persons, namely, 1. Yogendra Sharma, 2. Musharu Sharma, 3. Rajendra Sharma, 4. Mahendra Sharma, 5. Tuntun Sharma, 6. Kankir Sharma @ Kanbir Sharma, 7. Lallan Sharma, 8. Upendra Sharma, 9. Badri Sharma, 10. Raghuni Sharma, 1. Kari Sharma, 12. Triveni Sharma and Bindeshwari Sharma (since dead) under Sections 147, 148, 149, 323, 341, 324, 448 and 307 of the IPC. On completion of the investigation the police charge -sheeted all the 13 accused persons for trial. Before framing of the charges accused, Bindeshwari Sharma, died and proceeding against him was dropped vide order dated 24.9.1998. Remaining accused were put on trial for different charges which ultimately ended in their conviction in the manner indicated above.