THE STATE OF BIHAR Vs. RAJENDRA MAHALDAR

JUDGEMENT

(1.) Under challenge, in the present appeals, are the judgment, dated 28.02.2013, passed, in Sessions Trial No. 195 of 2010, by learned 1st Additional Sessions Judge, Katihar, and the order, dated 06.03.2013, whereby various sentences have been passed against the accused-appellants.

(2.) By the impugned judgment, learned trial Court has convicted all the accused-appellants, except accused-appellant, Rajendra Mahaldar, under Section 302 read with Section 149 and also under Section 148 of the Indian Penal Code. The learned trial Court has convicted the accused-appellant, Rajendra Mahaldar, under Section 302 of the Indian Penal Code. Following their conviction under Section 302 read with Section 149 of the Indian Penal Code, all the accused-appellants, except accused-appellant, Rajendra Mahaldar, have been sentenced to undergo imprisonment for life and pay fine of Rs. 500/- each and, in default of payment of fine, suffer rigorous imprisonment for one month. For their conviction under Section 148 of the Indian Penal Code, all the accused-appellants, except accused-appellant, Rajendra Mahaldar, have been sentenced to undergo rigorous imprisonment for two years and pay fine of Rs. 500/- each and, in default of payment of fine, suffer rigorous imprisonment for one month. The accused-appellant, Rajendra Mahaldar, having been convicted under Section 302 of the Indian Penal Code, stands sentenced to death.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: