MAHENDRA TANTI Vs. CHANDRA DEO TANTI

JUDGEMENT

(1.) Under challenge, in the present appeals, are the judgment of conviction, dated 28.07.2007, in Sessions Trial No. 91 of 1992, by the learned Additional Sessions Judge, Fast Track Court No. II, Khagaria, and the order, dated 30.07.2007, whereby various sentences have been passed against the accused-appellants.

(2.) By the impugned judgment, learned trial Court has convicted all the accused-appellants, under Sections 342, 323 and 307 read with 34 of the Indian Penal Code and Section 302 read with Section 149 of the Indian Penal Code. The learned trial Court has also convicted the accused-appellants, namely, Mahendra Tanti and Ram Sharesh Tanti, under Sections 302 and 148 of the Indian Penal Code. The learned trial Court has further convicted the accused-appellants, namely, Bhadai Tanti, Chandra Deo Tanti and Bhujangi Tanti, under Section 149 of the Indian Penal Code. The trial Court has also convicted the accused-appellant, namely, Mahendra Tanti, under Section 148 of the Indian Penal Code. For their conviction under Section 302 read with Section 149 of the Indian Penal Code, all the accused-appellants have been sentenced to undergo imprisonment for life. For their conviction under Section 342 read with Section 34 of the Indian Penal Code, all the accused-appellants have been sentenced to undergo simple imprisonment for a period of one year. For their conviction under Section 323 read with Section 34 of the Indian Penal Code, all the accused-appellants have been sentenced to undergo simple imprisonment for a period of one year. For their conviction under Section 307 read with Section 34 of the Indian Penal Code, all the accused-appellants have been sentenced to undergo imprisonment for life. For their conviction under Section 302 of the Indian Penal Code, the accused-appellants, namely, Mahendra Tanti and Ram Sharesh Tanti, have been sentenced to undergo imprisonment for life. For their conviction under Section 148 of the Indian Penal Code, the accused-appellants, namely, Mahendra Tanti and Ram Sharesh Tanti, have been sentenced to undergo simple imprisonment for a period of three years. For their conviction under Section 149 of the Indian Penal Code, the accusedappellants, namely, Bhadai Tanti, Chandra Deo Tanti and Bhujangi Tanti, have been sentenced to undergo imprisonment for life. For his conviction under Section 337 of the Indian Penal Code, the accused-appellant, namely, Mahendra Tanti, has been sentenced to undergo simple imprisonment for a period of six months. All the sentences having been directed to run concurrently.

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