STATE Vs. BADRI MIAN

JUDGEMENT

(1.) This Death Reference and the four criminal appeals arise out of the same judgment and, therefore, with the consent of all the parties, they have been heard together and are being disposed of by this common judgment.

(2.) Shri R. D. Roy, 1st Additional Sessions Judge, Sitamarhi, has made this reference under Sec. 366(1) of the Code of Criminal Procedure for confirmation of the death sentence awarded by him to condemned prisoners Badri Mian and Bacha Paswan, in Sessions Trial No. 29 of 1985/26 of 1985. All the seven accused persons, who were put on trial in the aforesaid case and convicted for various offences, have preferred Cr. A. 48 of 1987 from jail. Three regular criminal appeals have also been filed, namely, (1) Cr. A. 50 of 1987 by two of the convicts Chhotka Paswan and Nathuni Sah; (2) Cr. A, 68 of 1987 by the two condemned prisoners Badri Mian and Bacha Paswan and (3) Cr. A. 88 of 1987 by the remaining three convicts Awadh Saha, Ram Ekbal Rai and Jugal Rai. Since regular appeals have been preferred by the convicts and the cases of all the appellants of Cr. A. 48 of 1987 from jail are covered by those appeals and they are properly represented by different counsels, the appeal from jail has become redundant.

(3.) All these appellants have been convicted under Sec. 364 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for life. Appellants Badri Mian and Bacha Paswan have been further found guilty of an offence under Sec. 302 of the Indian Penal Code and each of them has been sentenced to death, to be hanged by neck till dead and rest of the appellants, namely, Jugal Rai, Nathuni Sab, Awadh Sah, Ram Ekbal Rai and Chhotaka Paswan have been convicted under Sec. 302/34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life under this count as well. All the appellants have been further found guilty of an offence under Sec. 201 of the Indian Penal Code and each of them has been sentenced 1o suffer rigorous imprisonment for seven years. All the sentences have been directed to run concurrently.