BHAGWAN MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Under challenge, in the present appeals, are the judgment, dated 11.02.1993, passed, in Sessions Trial No. 69 of 1973 of 1985/92, by learned 1st Additional Sessions Judge, East Champaran, at Motihari, convicting the accused-appellants, Sree Bhagwan Mahto and Basdeo Mahto, under Sections 109 and 302 of the Indian Penal Code and accused-appellant, Bhopal Mahto, under Sec. 302 of the Indian Penal Code. Appellant Bhopal Mahto further stands convicted under Sec. 323 of the Indian Penal Code. In consequence of their conviction under Sec. 109 read with Sec. 302 of the Indian Penal Code, while the accused-appellants, Sree Bhagwan Mahto and Basdeo Mahto, stand, under the order, dated 12.02.1993, sentenced to suffer imprisonment for life, the accused-appellant, Bhopal Mahto, has been sentenced to undergo imprisonment for life for his conviction under Sec. 302 of the Indian Penal Code. For his conviction under Sec. 323 of the Indian Penal Code, the accused-appellant, Bhopal Mahto, has been further sentenced to undergo rigorous imprisonment for one year, both the sentences having been directed to run concurrently.

(2.) The case of the prosecution, as unfolded by the First Information Report, lodged by the informant, Sree Narain Mahto (PW 5) may, in brief, be described as under:

(3.) At the trial, when charges, under Sections 147 and 148 and also under Sections 302 and 323 read with Sec. 149 of the Indian Penal Code, were framed against the accused aforementioned, they all pleaded not guilty to the charges so framed.