STATE OF BIHAR Vs. SHAUKAT MIAN WITH

JUDGEMENT

(1.) THESE three criminal appeals arise out of the judgment of conviction and sentence dated 26.4.2008 by the Additional Sessions Judge, F.T.C. -IV, Banka, in Sessions Trial No. 897 of 2002. Death Reference No. 8 of 2008 arises out of Criminal Appeal No. 665 of 2008 alone.

(2.) Seventeen persons were put on trial. Nine have been acquitted, and eight convicted.

(3.) SHAUKAT Mian has been convicted under Section 302, 148 of I.P.C., Section 3(b) of the Explosive Substances Act, and sentenced to death, in addition to rigorous imprisonment for three years under Section 148 of the Indian Penal Code and to rigorous imprisonment for life under Section 4 of the Explosive Substances Act. Rahim Mian has been convicted under Sections 307, 302/148/149 and 3/4 of Explosive Substances Act, and sentenced to seven years rigorous imprisonment under Section 3/4 (each) of Explosive Substances Act, three years rigorous imprisonment under Section 148 of I.P.C., ten years rigorous imprisonment with fine under Section 307. of I.P.C. and rigorous imprisonment for life under Section 302, 149 of I.P.C. Hasib Mian and Latif Mian have been convicted under Sections 323, 325, 307, 302/147, 149 of I.P.C. and sentenced to one year rigorous imprisonment under Section 323 of I.P.C., five years R.I. under Section 325 of I.P.C., two years R.I. under Section 147 of I.P.C., ten years R.I. with fine of Rs. 20,000/ - under Section 307 of I.P.C. and R.I. for life under Section 302, 149 of I.P.C. The rest have been convicted under Section 302/147/149 of I.P.C. Buddhu Mian has further been convicted under Section 307/34 of I.P.C. They have been sentenced to R.I. for two years under Section 147 of I.P.C. and R.I. for life under Section 302/149 of I.P.C. and Buddhu Mian has further been sentenced to R.I. for ten years under Section 307/34 of I.P.C. and fine imposed.