STATE OF BIHAR Vs. VIPTU RAM

JUDGEMENT

(1.) All the Criminal Appeals and Death Reference arise out of the judgment and order dated 11/16.10.1996 passed in Sessions trial N6F. 81/38 of 1991/1993 by the First Additional Sessions Judge, Rohtas at Sasaram, as such all the five appeals have been heard together and are being disposed of by this common judgment.

(2.) Accused Vipatu Ram, Sankatha Ram and Ram Gahan Ram have been sentenced to death under Section 396 of the Indian Penal Code (hereinafter referred to as the Code). Hence, death reference No. 6 of 1996 has been made by the learned 1st Additional Sessions Judge. These accused have preferred Criminal Appeal No. 552 of 1996 and also Jail Appeal No. 572 of 1996. Accused Sri Ram, Babulal Ram Mangaru Ram, Shyam Narayan Ram @ Ram Narayan Ram, Banarsi Ram, Ram Dahin Ram, Kamala Ram, Sheogahan Ram, Nagina Ram, Ram Shanker Ram, and Ram Pyare Ram (Appellants in Criminal Appeal No. 592 of 1996) and accused Shiv Badan Ram and Shanker Ram (Appellants in Criminal Appeal No. 565 of 1996) and accused Ram Bachan Ram (Appellant in Criminal Appeal No. 606 of 1996) have been sentenced to life imprisonment under Section 396 of the Code. Appellants have further been convicted under Section 27 of the Arms Act but no separate sentence has been passed under that section. Appellant Nagina Ram has further been convicted under Section 435 of the Code but no separate sentence has been passed under that section.

(3.) It appears that total 29 accused were put on trial. Out of which seven accused have been acquitted by the trial Court while five of the accused absconded during the trial and their cases have been separated from the trial of present appellants.