BRIJ BIHARI PRASAD SWARNKAR Vs. ANAND KUMAR SWARNKAR

JUDGEMENT

(1.) The above Death Reference Case No. 9 of 2003 and Criminal Appeal No. 344 of 2003 arise out of the judgment dated 30.6.2003 passed by the Presiding Officer, Fast Track Court lst, Arrah, Bhojpur in Sessions Trial No. 165 of 2001. By the said judgment the learned Trial Court has convicted appellant Anand Kumar Swarnkar u/s. 302 of the Indian Penal Code for committing the murder of Basisthamuni Prasad and his wife Dharmshila Devi and u/s. 307 of the Indian Penal Code for attempting to commit murder of the informant Birendra Prasad and has convicted appellant Brij Bihari Prasad Swarnkar u/s. 302/109 of the Indian Penal Code for abetting Anand Kumar Swarnkar to kill the above deceased persons. The Trial Court by the said judgment has sentenced Anand Kumar Swarnkar to death u/s. 302 of the Indian Penal Code subject to confirmation by this Court u/s. 366 of the Code of Criminal Procedure, 1973 and has further sentenced him to undergo rigorous imprisonment for ten years for the offence u/s. 307 of the Indian Penal Code. Appellant Brij Bihari Swarnkar has been sentenced to undergo imprisonment for life for the offence u/s. 302/109 of the Indian Penal Code.

(2.) Since the death reference and the appeal by both the appellants arise out of the same Sessions case, both have been heard together and this judgment would dispose of both of them.

(3.) Appellant Brij Bihari Prasad Swarnkar is the father of appellant Anand Kumar Swarnkar. Informant Birendra Kumar is brother of appellant Brij Bihari Prasad and deceased Basishthamuni Prasad is another brother of appellant Brij Bihari Prasad.