RAM RATAN RAM Vs. RANGILA RAM 2007 (0)

JUDGEMENT

(1.) SUCHITA Devi and Satya Narayan Jha besides their sons Krishna Kant Jha, Mohan Jha, Awadhesh Kumar Jha, Mithilesh Jha and Lalan Jha were put on trial for commission of offence u/s. 302. read with Ss. 34 and 201 of the Indian Penal Code.

(2.) Additional Sessions Judge, Fast Track Court No. III, Vaishali at Hajipur by judgment and order dated 9.03.2005 and 10.03.2005 held them guilty on all the counts and sentenced Awadhesh Kumar Jha to death for offence u/s. 302/34 of the Indian Penal Code but no separate sentence was awarded to him on other count. Others found guilty of offence u/s. 302/34 of the Indian Penal Code have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000.00 each, in default to suffer simple imprisonment for six months. All of them have further been sentenced to undergo rigorous imprisonment of three years for offence u/s. 201 of the Indian Penal Code and fine of Rs. 1,000.00 each, in default to suffer simple imprisonment for one year. All the sentences have been directed to run concurrently. The learned Judge had submitted the proceeding for confirmation of the death sentence of Awadhesh Kumar Jha, which has been registered as Death Reference No. 3 of 2005. Awadhesh Kumar Jha, aggrieved by his conviction and sentence has also preferred appeal which has been registered as Criminal Appeal (DB) 420 of 2005. Rest of the convicts together have preferred separate appeal, which has been registered as Criminal Appeal (DB) No. 314 of 2005. All of them shall hereinafter be referred as the 'appellants '.

(3.) BOTH the appeals and the death reference have been heard together and are being disposed off by this common judgment.