BASHISTH NARAIN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Under challenge, in the present appeals, are the judgment of conviction and the order of sentence, dated 18.10.1993, passed, in Sessions Trial No. 86 of 1983, by learned Sessions Judge, Bhagalpur, whereby various sentences have been passed against the accused-appellants.

(2.) By the impugned judgment, the learned trial Court has convicted the accused-appellant, namely, Satrughan Rai, under Sections 148 and 302 of the Indian Penal Code, the accused-appellant, namely, Basisth Rai, under Sections 147 and 302 read with Sec. 149 of the Indian Penal and accused-appellants, namely, Parmanand Rai, Kare Rai and Umesh Rai, under Sections 148 and 302 read with Sec. 149 of the Indian Penal Code. For his conviction under Sec. 302 of the Indian Penal Code, accused-appellant, Satrughan Rai, has been sentenced to suffer imprisonment for life and for his conviction under Sec. 148 of the Indian Penal Code, he (Satrughan Rai) has been sentenced to undergo rigorous imprisonment for a period of two years. For their conviction under Sec. 302 read with Sec. 149 of the Indian Penal Code, the accused-appellants, namely, Parmanand Rai, Umesh Rai and Kare Rai, have been sentenced to suffer imprisonment for life and, for their conviction under Sec. 148 of the Indian Penal Code, they (Parmanand Rai, Umesh Rai and Kare Rai) have been sentence to suffer rigorous imprisonment for two years. For his conviction, under Sec. 302 read with Sec. 149 of the Indian Penal Code, accused-appellant, Basisth Rai has been sentenced to suffer imprisonment for life and, for his conviction under Sec. 147 of the Indian Penal Code, he (Basisth Rai) has been sentenced to suffer rigorous imprisonment for a period of one year. All the sentences having been directed to run concurrently.

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