MUGAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above-mentioned four criminal appeals arise assailing common judgment of conviction and sentence passed in Sessions Trial No.185/2011 arising out of Darauli P.S. Case No.42 of 2010 by the Second Additional Sessions Judge, Siwan vide a judgment of conviction dtd. 23/5/2018.

(2.) It is pertinent to mention that on the date of delivery of judgment, two accused persons, namely, Mugal Ram @ Mangal Ram and Jitendra Chaubey were present. Both of them were sentenced to suffer rigorous imprisonment for life for the offences punishable under Ss. 302/149 of the I.P.C. and also to pay fine of Rs.20,000.00, failing which rigorous imprisonment for one year each. Accused Mugal Ram @ Mangal Ram was also sentenced to suffer imprisonment for three years, for the offence punishable under Sec. 27 of the Arms Act and also to pay fine of Rs.10,000.00, in default, further rigorous imprisonment for six months vide order of sentence dtd. 29/5/2018.

(3.) On the date of awarding sentence remaining two accused persons namely, Bablu Rajbhar and Mukesh Gond @ Mukesh Kumar Sah were absconding. Bablu Rajbhar was produced under arrest before the Trial Court on 12/10/2020 and he was sentenced to suffer rigorous imprisonment for life with fine and default clause vide order dtd. 12/10/2020. Mukesh Gond @ Mukesh Kumar Sah was arrested on 19/1/2026. He was also sentenced to suffer rigorous imprisonment for life with fine and default clause on the basis of the judgment of conviction dtd. 23/5/2018. Since, all four appeals assail the same judgment of conviction and order of sentence passed on different dates, they were tagged together and this Division Bench hears the appeals together and proposes to dispose them by a common judgment.