MUNARIK MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the judgment of conviction and the order of sentence, dated 25.08.1993, passed, in Sessions Trial No. 650 of 1990/144 of 1991, by learned 10th Additional Sessions Judge, Gaya, while all the accused-appellants stand acquitted of the charges under Sections 3 and 4 of the Explosive Substance Act, 1908, and also of the charge under Section 307 read with Section 34 of the Indian Penal Code, accusedappellant, Biku Manjhi, stands convicted of the offence under Section 302 of the Indian Penal Code and the remaining accused-appellants, namely, Munarik Manjhi, Kara Manjhi, Charitar Manjhi, Siri Manjhi, Barhan Manjhi, Feku Manjhi and Chanarik Manjhi stand convicted of the offence under Section 302 read with Section 149 of the Indian Penal Code.

(2.) For his conviction under Section 302 of the Indian Penal Code, accused-appellant, Biku Manjhi, has been sentenced to suffer imprisonment for life. For their conviction under Section 302 read with Section 149 of the Indian Penal Code, the remaining accused-appellants, namely, Munarik Manjhi, Kara Manjhi, Charitar Manjhi, Siri Manjhi, Barhan Manjhi, Feku Manjhi and Chanarik Manjhi, too, stand sentenced to suffer imprisonment for life.

(3.) The case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under: