CHANDRADEO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these criminal appeals arise out Rafiganj P.S. Case No.79 of 1986 (G.R. No.161 of 1986). The two appellants of the first criminal appeal, i.e., Criminal Appeal (DB) No.248 of 1989, namely, Chandradeo Paswan and Lalu Dusadh @ Lalu Paswan and the sole -appellant of Criminal Appeal (DB) No.1080 of 2012, namely, Ramashish Paswan @ Sanjay Paswan @ Sanjay Dusadh were charge -sheeted in the case together but, apparently, as the sole -appellant of the second appeal (Criminal Appeal (DB) No.248/1989) absconded his trial was separated. In fact, the charge -sheet, being Charge -sheet No.35 of 1987 dated 31.07.1987, was against the two persons in custody and 11 absconders. Originally, in the trial, being Sessions Trial No.06 of 1988/195 of 1987, there were four accused persons, namely, Chandradeo Paswan, Lalu Dusadh @ Lalu Paswan, Bhola Paswan and Chandrup Chamar, the Sessions Court acquitted the later two in the first trial. It was the sole appellant, Ramashish Paswan @ Sanjay Paswan @ Sanjay Dushad who was tried and convicted in the later trial. Thus, as against charge -sheet in respect of 13 persons 5 persons have been tried in the two trials. The rest trials having been separated are at different stages.

(2.) THE two appellants in the first appeal have been convicted under Sections -148 and 302/149 of the Indian Penal Code (hereinafter in short „IPC?), whereas the sole -appellant in the second criminal appeal has been convicted under Section -302/34 IPC and Section -148 IPC. They have been sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for three years under Section -148 IPC and to run the sentences concurrently in respect of each of the offences.

(3.) WE have heard the parties at length and perused the records. We deem it convenient to deal with the two appeals separately inasmuch as the evidences recorded were separate in the two Sessions trials though they arose out of the same case. Several witnesses have deposed in both the cases but their depositions are afresh.