LALLAN PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Under challenge, in the present appeals, are the judgment, dated 25.09.2007, of conviction, in Sessions Trial No. 887 of 2004, by learned Sessions Judge, East Champaran at Motihari, and the order, dated 27.09.2007, whereby various sentences have been passed against the accused-appellants.

(2.) By the impugned judgment, the learned trial Court has convicted the accused-appellant, Mukesh Pathak @ Chutul Pathak, under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. So far as the remaining two accused-appellants, namely, Lallan Pathak and Krishna Kant Sharma are concerned, they have been, under the impugned judgment, convicted under Section 302 read with Section 34 of the Indian Penal Code. For his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Mukesh Pathak @ Chutul Pathak, has been sentenced to undergo imprisonment for life and, for his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Mukesh Pathak @ Chutul Pathak, has been further sentenced to undergo rigorous imprisonment for three years. For their conviction, under Section 302 read with Section 34 of the Indian Penal Code, the remaining two accused-appellants, namely, Lallan Pathak and Krishna Kant Sharma, have been sentenced to undergo imprisonment for life.

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