DHASHI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred for setting aside the judgment dated 27.04.1995 passed by learned 2nd Additional Sessions Judge, Katihar (hereinafter referred to as "the trial court") in Sessions Trial No. 53 of 1989.

(2.) The learned trial court having examined the evidences adduced on behalf of the prosecution convicted the appellants for the murder of Upendra Pandey, it was found that the murder was committed by all the accused persons appellants in furtherance of their common intention and they had kept the dead body concealed after chopping off the head and the two fore-arms so that the dead body would not be identified even if it is found in the river bank, therefore, all the nine accused persons were held guilty U/S 302/34 and 201/34 of the Indian Penal Code. They have been sentenced to undergo rigorous imprisonment for life for offences U/S 302/34 IPC. They have been also directed to pay Rs. 2000/- each to the wife of the deceased through the informant or, in default of fine, to undergo three months' rigorous imprisonment. No separate sentence has been passed U/S 201 IPC.

(3.) The prosecution case, as culled out from the records of the learned trial court, is stated as under:-