STATE OF BIHAR Vs. UMESH CHOUDHARY

JUDGEMENT

(1.) In an incident which had taken place in the night of 25.12.1998 at Chilbila, a remote village within the Police Station Dinara in the district of Rohtas, eight persons lost their lives. Sharda Devi lost her husband Bharat Choudhary, two sons Dhanji Choudhary aged about 8 years, Manji Choudhary aged about 3 years, two daughters Dhanwanti Kumari aged about 6 years and Richa Kumari aged about 2x1/2 months, two brothers, namely, Sunu Kumar Choudhary, aged about 6 years and Gulab Chand Choudnary aged about 18 years and a co-villager Ram Awadhesh Choudhary aged about 20 years.

(2.) Altogether eight persons were put on trial and the 7th Additional Sessions Judge, Rohtas at Sasaram, by judgment dated 14th January, 2004 passed in Sessions Trial No. 342 of 1999, acquitted three accused persons, namely, Dashrath Choudhary, Rajesh Choudhary and Jira Devi but found Umesh Choudhary, Jokhan Choudhary, Dinesh Choudhary, Anil Choudhary and Sudama Choudhary guilty under Section 302, 149, 460 of the Indian Penal Code and Section 27 of the Arms Act. In ad Bachhitar Singh and Anr. v. State of Punjab, AIR 2002 SC 3473dition, Umesh Choudhary has been found guilty of offence under Section 307 of the Indian Penal, Code. The learned Judge, sentenced all of them to death under Section 302/149 of the Indian Penal Code but no separate sentence has been awarded for other offences.

(3.) The learned Judge had submitted the proceeding to this Court for confirmation of death sentence as provided under Section 366 of the Code of Criminal Procedure.