STATE OF BIHAR Vs. ARJUN MUNI

JUDGEMENT

(1.) ALL the aforesaid Criminal Appeals as also Death Reference arise out of the judgment dated 3rd July, 2002 and order dated 5th July, 2002. passed by Shri Asdwani Kumar Sinha, Additional Sessions Judge -cum -Presiding Officer of Fast Track Court No. 2, Madhepura in Sessions Trial No. 56 of 1989.

(2.) ALTOGETHER 22 persons including these 21 accused -appellants faced trial for the offence under sections 302/34, 380 and 120B of the Indian Penal Code out of them accused Bilasi Mahto has been acquitted of all the charges framed against him. However, remaining 21 accused -appellants have been found guilty only under sections 302/34 and 120B of the Indian Penal Code. Out of the 21 appellants, 12 appellants, namely, Arjun Muni, Hari Ballabh Narayan Singh, Baijnath Sharroa, Bino Mandal, Upendra Mandal, Jalim Mandal, Jagdish Sahni, Indradeo Mandal, Dukha Sharma, Shivesh Mandal, Bhumi Mandal and Bindeshwari Mandal have been awarded capital punishment under section 302/34 of the Indian Penal Code and rest nine accused -appellants, namely, Suresh Mandal, Rajendra Sahni, Gulabi Sahni, Bhuthi Mandal, Dani Mandal, Tej Narayan Paswan, Shatrughan Mandal, Nandlal Sharma and Debu Rishideo have been sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/ - each and in default to undergo rigorous imprisonment for two years. No separate sentence has been passed under section 120B of the Indian Penal Code. The reference for confirmation of death sentences has been numbered as D.R. No. 10/2002.

(3.) IN the early morning at about 3 -4 A.M. the priest of the temple of Math Sheo Shankar Jha (P.W.10) who is informant of the case rushed to the Math from his house situated nearby, on Hulla of accused Upendra Mandal. He found several persons of the village in the Math apart from servants. He came to know from them that all the three persons, namely, Mahanth Sunder Giri, his wife and Sala had been killed at the upper floor of the Math. He went there and found that all the three persons had been killed in their Prespective rooms by some sharp edged weapons. The dead body of all the three deceased were lying in the room in pool of bloods bearing marks of injury. It, transpired to him that the key of the lock of the main gate was retained by accused servant Hari Ballabh Singh. Hari Ballabh Singh also disclosed to him that miscreants took away gun also belonging to Mahanthji.