AWADH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appeals arise out of the same Judgment and, as such, they were heard together and are being disposed of by this common judgment.

(2.) Accused Surnundri Devi, Mamta Devi, Bachchi Devi and Baliram Mali to besides appellants Birbal Mahto Uday Prasad @ Udal Mahto and Awadh Mahto were charged for intentionally causing the death of Subodh Kumar in prosecution of their common object, punishable under Section 302/149 of the Indian Penal Code. Appellant Nagina Mahto has been charged for committing the murder of Subodh Kumar, whereas Ganauti Mahto since deceased and appellants Kishun Mahto stand charged for abetting his murder punishable under Section 302 and Section 302/114 of the Indian Penal Code respectively. All the appellants have also been charged for possessing unlicenced fire arms, such as, rifles and guns punishable under Section 27 of the Arms Act. Appellant Udal Mahto and Birbal Prasad have, also been charged for causing hurt to Chandrabhushan punishable under Section 323 of the Indian Penal Code.

(3.) First Additional Sessions Judge, Hilsa by judgment dated 11-8-2000 passed in Sessions Trial No. 610 of 1998 held all the appellants guilty of the charges levelled against them, excepting appellant Birbal Mahto who has been acquitted of the charges under Section 302/149 of the Indian Penal Code, Section 27 of the Arms Act and appellant Udal Prasad under Section 323 of the Indian Penal Code and sentenced the appellants found guilty of the offence under Section 302, 302/114 and 302/149 of the Indian Penal Code to undergo rigorous imprisonment for life and rigorous imprisonment for three years each under Section 27 of the Anns Act. Appellant Birbal Mahto found guilty of offence under Section 323 of the Indian Penal Code has been sentenced to undergo simple imprisonment for three months. Sentences inficted have been directed to run concurrently. Samundri Devi. Bachchi Devi, Mamta Devi and Baliram have been acquitted of all the charges.